11788 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 HOUSE OF REPRESENTATIVES—Monday, June 28, 2010

The House met at 12:30 p.m. and was Amen. May all of those whom Trooper called to order by the Speaker pro tem- f Brown left behind—his mother, Patri- pore (Ms. EDWARDS of Maryland). cia Bell; his father, Sylvester Brown, THE JOURNAL f Sr.; his fiancee, Ebony Norris; his The SPEAKER pro tempore. The seven brothers and sisters; and his DESIGNATION OF SPEAKER PRO Chair has examined the Journal of the grandmother, Rosella Bell—find com- TEMPORE last day’s proceedings and announces fort in the memory of his service and The SPEAKER pro tempore laid be- to the House his approval thereof. the greatness of his contribution to fore the House the following commu- Pursuant to clause 1, rule I, the Jour- other young people. nication from the Speaker: nal stands approved. We are protected every day by those f WASHINGTON, DC, who have the courage and commitment June 28, 2010. PLEDGE OF ALLEGIANCE and love of country and neighbors to I hereby appoint the Honorable DONNA F. defend us here, our domestic defenders. The SPEAKER pro tempore. Will the EDWARDS to act as Speaker pro tempore on Wesley Brown was one of those. God this day. gentleman from South Carolina (Mr. bless his soul. NANCY PELOSI, WILSON) come forward and lead the Speaker of the House of Representatives. House in the Pledge of Allegiance. f f Mr. WILSON of South Carolina led the Pledge of Allegiance as follows: MORNING-HOUR DEBATE I pledge allegiance to the Flag of the CAROLINA DAY The SPEAKER pro tempore. Pursu- United States of America, and to the Repub- (Mr. WILSON of South Carolina ant to the order of the House of Janu- lic for which it stands, one nation under God, asked and was given permission to ad- indivisible, with liberty and justice for all. ary 6, 2009, the Chair would now recog- dress the House for 1 minute and to re- nize Members from lists submitted by f vise and extend his remarks.) the majority and minority leaders for HONORING STATE TROOPER Mr. WILSON of South Carolina. Mr. morning-hour debate. WESLEY BROWN Speaker, today all across South Caro- lina, residents are celebrating Carolina f (Mr. HOYER asked and was given permission to address the House for 1 Day to commemorate the brave South RECESS minute and to revise and extend his re- Carolina patriots who defeated the The SPEAKER pro tempore. Pursu- marks.) British fleet on June 28, 1776, pro- ant to clause 12(a) of rule I, the Chair Mr. HOYER. Mr. Speaker, I rise to moting American independence. declares the House in recess until 2 honor the memory of one of Maryland’s This victory saved Charleston from p.m. today. finest, a member of our Maryland State British occupation for another 4 years. Accordingly (at 12 o’clock and 31 Police, Maryland State Trooper Wesley It occurred at the first fort on Sulli- minutes p.m.), the House stood in re- Brown, who was to death without van’s Island, later named after its com- cess until 2 p.m. warning while working on an off-duty mander, Colonel William Moultrie. The battle at Fort Moultrie is known as the f security detail in the early morning of June 11. He was 24 years of age. first decisive victory by American Rev- b 1400 Though his life was cut far too short, olutionaries. This battle is just one example of the AFTER RECESS Trooper Brown filled the years he was given with service to his community, direct role South Carolina played in The recess having expired, the House mentoring young men, and love for his the Revolutionary War. Throughout was called to order by the Speaker pro family. the War for Independence, more than tempore (Mr. CUELLAR) at 2 p.m. It wasn’t enough for Wesley to serve 200 battles and engagements took place f as a decorated State Trooper for more in South Carolina, more than any than 3 years. He also founded an orga- other province. PRAYER nization called ‘‘Young Men Enlight- One popular symbol of South Caro- The Chaplain, the Reverend Daniel P. ening Younger Men,’’ a group dedicated lina’s leadership in the Revolution is Coughlin, offered the following prayer: to teaching life and leadership skills to still seen today throughout the world: Beneath Your creative hand, O Lord, boys in Wesley’s Seat Pleasant neigh- the yellow Gadsden Flag that reads, every garden needs more attention. borhood, just a couple of miles from ‘‘Don’t Tread on Me.’’ Education and formation of char- where I grew up in District Heights, In 1775, Colonel Christopher Gadsden acter is never a finished product for Maryland. was representing South Carolina in the Your people. Many of them came to regard Troop- Continental Congress as five companies Constant care and oversight as well er Brown as a father figure. ‘‘I became of Marines were about to join the Navy as discerning analysis and fresh energy a squared-away young man,’’ said one to intercept British ships. History has are required daily for governance of a of the pupils at his memorial service, recorded that Colonel Gadsden pre- good society. ‘‘and I’ll never forget that smile.’’ sented his flag to the new commander- Therefore, Lord God, grant Your Wesley Brown’s death was sudden in-chief of the Navy, Commodore Esek servants patience, perseverance, and and deeply unfair, but his community Hopkins, before this critical mission. determination to work hard to attain is better because he lived, and the In conclusion, God bless our troops, the goals Your Providence sets before seeds he sowed will outlive him. As the and we will never forget September us, today and every day as long as life pastor said in Wesley’s eulogy, ‘‘He 11th in the global war on terrorism. shall last. showed us how to serve his brother Best wishes to the USC Gamecocks in Reward the long labor of Senator man, and no one had to beg him to do the College World Series tonight at ROBERT BYRD. Grant him eternal rest. it.’’ Omaha, Nebraska.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 11789 BRING OUR TROOPS HOME benefit of our Nation and the world as to promote cyber security curriculum (Mr. KUCINICH asked and was given a whole. in institutions of higher learning, as permission to address the House for 1 f amended. minute.) The Clerk read the title of the resolu- Mr. KUCINICH. In a little more than CONGRATULATING tion. The text of the resolution is as fol- a year, the United States flew $12 bil- CHAMPION BLACKHAWKS lows: lion in cash to Iraq, much of it in hun- (Mrs. BIGGERT asked and was given dred dollar bills, shrinkwrapped, loaded permission to address the House for 1 H. RES. 1244 onto pallets. Vanity Fair reported in minute and to revise and extend her re- Whereas, on February 27, 2004, and Februray 28, 2004, a group of educators, stu- 2004 that at least $9 billion of the cash marks.) dents, and government and industry rep- had gone missing, unaccounted for. Mrs. BIGGERT. Mr. Speaker, I rise to resentatives gathered in San Antonio, Texas, Nine billion. congratulate the 2010 Stanley Cup to gauge the interest in and support for the Today, we learned that suitcases of Champions, the . establishment of regular cyber security exer- $3 billion in cash have openly moved Founded in 1926, the Blackhawks are cises for postsecondary students; through the Kabul airport. One U.S. of- one of the ’s Whereas stakeholders in the cyber security ficial quoted by the Wall Street Jour- organizational six teams. The team has profession sought to create a cyber security nal said, ‘‘A lot of this looks like our had a remarkable history, but this past exercise template for universities nation- tax dollars being stolen.’’ Three billion wide, and to encourage educational institu- season was very, very special. tions to offer students practical experience dollars. Consider this step as the Amer- On April 6, the Hawks won their 50th in information assurance; ican people sweat out extension of un- game of the season setting a new fran- Whereas in an effort to develop a regular, employment benefits. chise record for wins in a season. Dur- national-level cyber security exercise, the Last week, the BBC reported that the ing a game the very next night, they Center for Infrastructure Assurance and Se- U.S. military has been giving tens of scored their 109th point of the season, curity at the University of Texas at San An- millions of dollars to Afghan security setting yet another franchise record. tonio agreed to host the first Collegiate firms who are funneling the money to The Hawks made the playoffs for the Cyber Defense Competition (CCDC) for the warlords. Add to that a corrupt Afghan Southwestern region in April 2005; second season in a row this year with a Whereas the mission of the CCDC system is government, underwritten by the lives record of 52–22–8. They went on to de- to provide institutions with an information of our troops. And now reports indicate feat the Nashville Predators in the assurance or computer security curriculum that Congress is preparing to attach first round of the Stanley Cup, then in a controlled, competitive environment to $10 billion in State education funding the Vancouver Canucks, and the San assess the student’s depth of understanding to a $33 billion spending bill to keep Jose Sharks before facing the Philadel- and operational competency in managing the the war going. phia Flyers in the final round. In a challenges inherent in protecting corporate Back home millions of Americans are tense game 6, the Hawks defeated the network infrastructure and business infor- out of work, losing their homes, losing mation systems; Flyers when scored the Whereas the CCDC has attracted participa- their savings, their pensions, their re- game-winning Cup-clinching in tion from institutions of higher education tirement security. We’re losing our Na- sudden death overtime, marking the from across the United States; tion to lies about the necessity of war. team’s fourth Stanley Cup Champion- Whereas 2010 regional competition hosts Bring our troops home. End the war. ship—their first since 1961. include Southwest host Texas A&M Univer- Secure our economy. As the world saw during the Chicago sity, North Central host Dakota State Uni- f parade in their honor, the city’s sports versity, Northeast host University of Maine, fans moved past their long-time base- Pacific Rim co-hosts University of Wash- NORTH KOREA ington and Highline Community College, ball rivalries and came together in sup- Midwest co-hosts Inver Hills Community (Mr. DJOU asked and was given per- port of the Blackhawks. mission to address the House for 1 College and Moraine Valley Community Col- Mr. Speaker, I would like to con- lege, Mid-Atlantic host Community College minute and to revise and extend his re- gratulate the Blackhawks for their of Baltimore County, Southeast host Ken- marks.) title and thank them on behalf of nesaw State University, and West Coast host Mr. DJOU. Mr. Speaker, I address the sports fans all over the metropolitan California State Polytechnic University, Po- House this afternoon to remind our Na- Chicago area for their contribution in mona; tion of what has happened in the last 48 making Chicago the dynamic sports Whereas 2010 regional competition winners include Towson University, DePaul Univer- hours: The discussion of the Korean Pe- city that it is. ninsula has great impact and meaning sity, Montana Tech of the University of upon our Nation as a whole. f Montana, Northeastern University, Univer- I represent a congressional district sity of Washington, Texas A&M University, ANNOUNCEMENT BY THE SPEAKER University of Louisville, and California that lies within the flight arc of North PRO TEMPORE State Polytechnic University, Pomona; and Korea’s ballistic missiles. I am trou- The SPEAKER pro tempore. Pursu- Whereas the furtherance and development bled by the report this morning in the of cyber security academic programs in in- Washington Post that the Korean ant to clause 8 of rule XX, the Chair stitutions of higher education will help meet Workers’ Party in North Korea is try- will postpone further proceedings the rapidly growing demand for cyber secu- ing to manage a dynastic transfer of its today on motions to suspend the rules rity specialists in the public and private sec- dictatorship from Kim Jong Il to his on which a recorded vote or the yeas tors: Now, therefore, be it and nays are ordered, or on which the Resolved, That the House of Representa- son, and I believe the United States tives recognizes the National Collegiate must redouble its efforts to change this vote incurs objection under clause 6 of rule XX. Cyber Defense Competition for its now five- regime and establish a democratic and year effort to promote cyber security cur- united Korea. Record votes on postponed questions riculum in institutions of higher learning. But I am also encouraged by the op- will be taken after 6 p.m. today. The SPEAKER pro tempore. Pursu- portunity which has happened this past f ant to the rule, the gentlewoman from weekend and compliment President Hawaii (Ms. HIRONO) and the gentle- RECOGNIZING THE NATIONAL COL- Obama for committing to a free trade woman from Illinois (Mrs. BIGGERT) agreement between the United States LEGIATE CYBER DEFENSE COM- each will control 20 minutes. and South Korea. PETITION The Chair recognizes the gentle- Now is the time for us to further ce- Ms. HIRONO. Mr. Speaker, I move to woman from Hawaii. ment our bonds and our relationships suspend the rules and agree to the reso- GENERAL LEAVE between the United States and South lution (H. Res. 1244) recognizing the Ms. HIRONO. Mr. Speaker, I request Korea and make sure that we change National Collegiate Cyber Defense 5 legislative days during which Mem- the dictatorship in North Korea for the Competition for its now five-year effort bers may revise and extend and insert

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Mr. Speaker, I yield Collegiate Cyber Defense Competition, Security Agency and by the Depart- myself such time as I may consume. or CCDC, for the Southwestern region. ment of Homeland Security. I rise today in support of House Reso- The CCDC focuses on the operational The University of Texas at San Anto- lution 1244, which recognizes the Na- aspects of managing and protecting an nio is in my district, and I have been tional Collegiate Cyber Defense Com- existing network’s infrastructure. continually impressed with their pio- petition for their 5-year effort to pro- Teams acquire points based on their neering approach to cyber security cur- mote cyber security curriculum at in- ability to deduct and respond to out- ricula. They have outstanding faculty stitutions of higher education. Their side threats, to maintain availability and staff, all of whom recognize how dedication and commitment to cyber of existing services such as mail serv- critical information assurance is be- security instruction serves an impor- ers and Web servers, to respond to busi- coming in the 21st century. tant purpose as computer and Internet ness requests such as the addition or This year’s regional winners included software continue their vital role in removal of additional services, and to Towson University, DePaul University, our digital world. balance security needs against business Montana Tech, Northeastern Univer- In February of 2004, a group of edu- needs. sity, the University of Washington, cators, students, and government and The mission of CCDC is to provide a Texas A&M University, the University industry representatives in cyber de- controlled, competitive environment to of Louisville, and the California State fense gathered in San Antonio, Texas, assess a student’s understanding and Polytechnic University at Pomona. I am also honored and privileged to to address the growing need for cyber competency in managing the chal- have attended this year’s competition security education for post-secondary lenges inherent in protecting a cor- and previous events and to have per- students. These individuals understood porate network or business informa- sonally had the opportunity to con- the growing importance of, and the tion system. The competition is sup- gratulate the winners from North- world’s increasing reliance, on com- ported by members of the cyber secu- eastern University, the champions of puter and Internet software, as well as rity industry and by organizations that the national competition. the national security interest in pro- understand the importance of innova- Let me just add that it is exciting to tecting this vital infrastructure. From tion in the field of cyber security. see these young people engage in this the gathering in San Antonio, the Col- The 2010 winner of the Collegiate competition. We are hoping that, as we legiate Cyber Defense Competition was Cyber Defense Competition was North- move forward, this will grow and allow born. eastern University. other universities to participate and The competition provides students I urge my colleagues to join me in get engaged as these are the young- the opportunity to improve their un- applauding this significant achieve- sters, in the words of some of them who derstanding and operational com- ment, and I reserve the balance of my describe themselves, who are the geek petency in protecting corporate net- time. warriors who defend our infrastructure work infrastructure and business infor- Ms. HIRONO. Mr. Speaker, I am throughout our country and through- mation systems. For the past 5 years, pleased to yield such time as he may out the world. It was really exciting to the competition has offered computer consume to the gentleman from Texas see them not only in the competition security curriculum to students at in- (Mr. RODRIGUEZ). but to see them participating. We have stitutions of higher education across Mr. RODRIGUEZ. Thank you for al- these unique individuals who are ex- the United States. lowing me this opportunity to say a tremely brilliant, who are out there Many teams participated in this few words on cyber security in this par- doing a wonderful job, not only for the year’s regional competition with win- ticular exercise done by universities. private sector but for the public sector. ners including Towson University, Mr. Speaker, I rise today in support In conclusion, I just want to believe DePaul University, Montana Tech, of H. Res. 1244, recognizing the Na- that the National Collegiate Cyber De- Northeastern University, University of tional Collegiate Cyber Defense Com- fense Competition is poised to expand Washington, Texas A&M University, petition for its now 5-year effort to and grow as cyber security becomes in- University of Louisville, and California promote cyber security curriculum in creasingly important for the public and State Polytechnic University at Po- institutions of higher education. the private sectors throughout the mona. Students from these universities The Cyber Collegiate Defense Com- country and throughout the world. I learned many skills and their edu- petition is a 3-day event and is the first hope this body will continue its strong cation will help meet the rapidly grow- competition of its kind that focuses on work in supporting the cyber security ing demand for cyber security special- the operational aspect of managing and profession while making sure we are ists in the public and private sectors. protecting an existing commercial net- providing the resources to train the work infrastructure. Students get a b 1415 next generation of cyber security pro- chance to test their knowledge in an fessionals. Mr. Speaker, I want to thank Rep- operational environment and network I want to take this opportunity to resentative RODRIGUEZ for introducing within industry professionals who are thank the chairwoman for allowing this resolution. always on the lookout for up-and-com- this particular legislation of recogni- Once again, I express my support for ing engineers. tion to come forward. Thank you very House Resolution 1244, which recog- On February 27 and 28 of 2004, a group much. nizes the importance of the National of educators and students, government Mrs. BIGGERT. Mr. Speaker, I urge Collegiate Cyber Defense Competition and industry representatives gathered the support of this resolution. and its contribution to our Nation’s in San Antonio, Texas, to discuss the I have no further requests for time, cyber security curriculum. feasibility and desirability of estab- and I yield back the balance of my I urge my colleagues to support this lishing such a program—this particular time. resolution, and I reserve the balance of regular cyber security exercise with a Ms. JACKSON LEE of Texas. Mr. Speaker, my time. uniformed structure for postsecondary- I rise today in strong support of H. Res. 1244, Mrs. BIGGERT. I yield myself such level students. ‘‘Recognizing the National Collegiate Cyber time as I may consume. The Center for Infrastructure Assur- Defense Competition for its now five-year ef- Mr. Speaker, I rise today in support ance and Security at the University of fort to promote cyber security curriculum in in- of House Resolution 1244, recognizing Texas at San Antonio agreed to host stitutions of higher learning,’’ as introduced by

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Whereas, in 1972, the United States Su- Our nation’s critical infrastructure is com- Cyber defense is important to my constitu- preme Court ruled that children with disabil- posed of public and private institutions in the ency in Georgia, as well as to our nation as ities have the same right to receive a quality sectors of agriculture, food, water, public a whole because as our technology capabili- education in the public schools as their non- health, emergency services, government, de- ties grow nationally so does the threat to our disabled peers and, in 1975, the United States Congress passed Public Law 94–142 guaran- fense industrial base, information and tele- network operations. I share the concerns of teeing students with disabilities the right to communications, energy, transportation, bank- many Americans that information privacy and a free appropriate public education; ing and finance, chemicals and hazardous ma- security is compromised as more and more in- Whereas, according to the Department of terials, and postal and shipping. Cyberspace is formation becomes electronic. Everyday, Education, approximately 6,600,000 children their nervous system—the control system of Americans fill out doctor’s forms, insurance (roughly 13 percent of all school-aged chil- our country. Cyberspace is composed of hun- forms, credit card forms, and other documents dren) receive special education services; dreds of thousands of interconnected com- that are digitized and stored at a data center Whereas there are over 370,000 highly quali- puters, servers, routers, switches, and fiber somewhere. Too often, we find out that this in- fied special education teachers in the United States; optic cables that allow our critical infrastruc- formation has been compromised in some Whereas the work of special education tures to work. Thus, the healthy, secure, and way, whether intentionally by a hacker or acci- teachers requires them to be able to interact efficient functioning of cyberspace is essential dentally through poor data management. Once and teach students with specific learning dis- to both our economy and our national security. compromised, one can never know how their abilities, hearing impairments, speech or One of the most significant security chal- personal information could have been language impairments, orthopedic impair- lenges that our Federal government faces accessed and how it may be used in the fu- ments, visual impairments, autism, com- today is ensuring that we have an abundance ture. As more and more data becomes elec- bined deafness and blindness, traumatic of adequately trained individuals defending our tronic, clearly we should invest in a cyber se- brain injury, and other health impairments; information infrastructure. In the past, I have Whereas special education teachers are curity system that is capable of protecting this dedicated, possess the ability to understand been proud to sponsor bills that would in- data. a diverse group of students’ needs, and have crease funding for cybersecurity education I am proud to recognize the National Colle- the capacity to be innovative in their teach- programs, to ensure that we have a properly giate Cyber Defense Competition today be- ing methods for their unique group of stu- trained workforce to protect this vital infra- cause it is not only a way to allow talented in- dents and understanding of the differences of structure. The National Collegiate Cyber De- dividuals an opportunity to provide infrastruc- the children in their care; fense Competition (CCDC) is an important ture assurance and security; it also challenges Whereas special education teachers must piece of the cybersecurity education puzzle. students to protect corporate network infra- have the ability to interact and coordinate Since 2005, the National Collegiate Cyber with a child’s parents or legal guardians, so- structures and business information systems. cial workers, school psychologists, occupa- Defense Competition has given students in the I congratulate the 2010 National Collegiate tional and physical therapists, and school field of cybersecurity the opportunity to show- Cyber Defense Champions on their win and I administrators, as well as other educators to case their abilities. Rather than having stu- urge my colleagues to support this important provide the best quality education for their dents design an ‘‘ideal’’ network, the CCDC resolution. students; requires participants to assume the adminis- Ms. HIRONO. Once again, I would Whereas special education teachers help to trative and protective duties for an existing like to encourage all of my colleagues develop an individualized education program ‘‘commercial’’ network. This allows participants to support H. Res. 1244, the National for every special education student based on to show their skill at ‘‘real world’’ situations, as Collegiate Cyber Defense Competition, the student’s needs and abilities; and Whereas these unique individuals dedicate very few cybersecurity workers will have the and I congratulate all of the partici- themselves so special education students are luxury of building a perfect system from the pants and the winners of this very im- prepared for daily life after graduation: Now, ground up. While we obviously want to build portant competition. therefore, be it the most secure networks possible, our ex- I yield back the balance of my time. Resolved by the House of Representatives (the perts must be able to work with the infrastruc- The SPEAKER pro tempore. The Senate concurring), That the Congress— ture that exists, finding and eliminating weak- question is on the motion offered by (1) recognizes the amount of work it re- nesses that may already exist, and making im- the gentlewoman from Hawaii (Ms. quires to be a special education teacher; and (2) commends special education teachers perfect systems secure. HIRONO) that the House suspend the for their sacrifice and dedication while pro- Over the last few years, the contest has rules and agree to the resolution, H. viding the quality life skills to individuals grown to include regional competitions in Res. 1244, as amended. with special needs. Texas, Maine, Washington, California, and The question was taken. The SPEAKER pro tempore. Pursu- Minnesota, among other locations. This year, The SPEAKER pro tempore. In the ant to the rule, the gentlewoman from there were more than eighty schools that par- opinion of the Chair, two-thirds being Hawaii (Ms. HIRONO) and the gentle- ticipated, from all parts of the country. The in the affirmative, the ayes have it. woman from Illinois (Mrs. BIGGERT) students participating in this contest have not Ms. HIRONO. Mr. Speaker, on that I each will control 20 minutes. only demonstrated their knowledge and under- demand the yeas and nays. The Chair recognizes the gentle- standing of this important function, but they The yeas and nays were ordered. woman from Hawaii. have also had the opportunity to hone their The SPEAKER pro tempore. Pursu- GENERAL LEAVE skills by dealing with actual, real time issues. ant to clause 8 of rule XX and the Ms. HIRONO. Mr. Speaker, I request The National Collegiate Cyber Defense Com- Chair’s prior announcement, further 5 legislative days during which Mem- petition plays an important role in the develop- proceedings on this motion will be bers may revise and extend and insert ment of our next generation of cybersecurity postponed. extraneous material on House Concur- professionals, and I am proud to join Mr. f rent Resolution 284 into the RECORD. RODRIGUEZ in recognizing it. The SPEAKER pro tempore. Is there Mr. JOHNSON of Georgia. Mr. Speaker, I RECOGNIZING SPECIAL EDUCATION TEACHERS objection to the request of the gentle- rise today to express my support for H. Res. woman from Hawaii? 1244, sponsored by Representative CIRO Ms. HIRONO. Mr. Speaker, I move to There was no objection. RODRIGUEZ of Texas, recognizing the National suspend the rules and agree to the con- Ms. HIRONO. I yield myself such Collegiate Cyber Defense Competition current resolution (H. Con. Res. 284) time as I may consume. (CCDC) for their five-year effort in promoting a recognizing the work and importance Mr. Speaker, I rise today in support cyber security curriculum in institutions of of special education teachers, as of House Concurrent Resolution 284, higher learning. I believe that because the amended. which recognizes the work and impor- contestants are tested on their operational and The Clerk read the title of the con- tance of special education teachers in management skills in network infrastructures current resolution. our public education system. They and keeping defense systems safe from hack- The text of the concurrent resolution serve a unique role in our country’s ers, the CCDC not only benefits the competi- is as follows: schools, and their hard work equips

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Board brain injury, and many other health According to the Department of Education of Education of the District of Colum- impairments. approximately 6,600,000 children receive spe- bia ruled that all students with disabil- Special education teachers design cial education services; this is about 13 per- ities must be offered a public education and teach appropriate curricula, assign cent of our Pre-K, Elementary & Secondary regardless of the cost, and it was crit- work geared toward each student’s student population in the United States com- ical in setting the stage for our current needs and abilities, and, of course, bined. special education system. Today, the grade papers and homework assign- In our school systems there are roughly Individuals with Disabilities Education ments. They are involved in a student’s 370,000 highly qualified special education Act upholds this legacy by working to behavioral, social and academic devel- teachers who wake up every day ready to ensure the education of all students opment, helping each student to de- educate children with special needs, while ex- with disabilities. It is important for us velop emotionally and to interact ef- tending a hand to support the parents of these to continue working towards equal ac- fectively in social situations. Pre- students during difficult times. Distinct from the rest of their colleagues in cess to education for more than 6.6 mil- paring special education students for the teaching profession, special education lion American students. daily life after graduation is also an teachers work with students who have a range More than 370,000 dedicated, hard- important aspect of the job. of disabilities that can consist of specific learn- working, and highly professional spe- Special education teachers help gen- ing disabilities, physical impairments, speech cial education teachers currently serve eral educators adapt curriculum mate- or language impairments, autism, and other our Nation’s students. These teachers rials and teaching techniques to meet health and mental impairments. educate students with many different the needs of students with disabilities. disabilities, helping those with learn- While learning to engage and attend to They coordinate the work of teachers, every individual student’s needs, special edu- ing disabilities, autism, combined deaf- teacher assistants and related per- ness and blindness, traumatic brain in- cation teachers must also interact and coordi- sonnel, such as therapists and social nate with a child’s parents or legal guardians, juries, hearing, visual, speech, lan- workers, to meet the individualized guage or orthopaedic impairments, and social workers, school psychologists, occupa- needs of the student within inclusive tional and physical therapists, and school ad- other types of health impairments. special education programs. Through specific training and teaching ministrators, as well as other educators to pro- Whether teaching a class of special vide the best quality education for their stu- practices, special educators can help education students or working with in- these students learn regardless of their dents. dividual students in a general class- In addition, these educators must produce physical barriers. room, special education teachers en- Special educators have earned and innovative methods to maximize the learning sure that all students have access to a rightfully deserve our recognition. capacity of each student, to make learning as quality education. Today, we salute They dedicate their time and profes- easy as possible. them for their commitment and dedi- Recently I received a letter from a special sional careers to serving students who cation. education teacher in Texas, need specific and individual education I support this resolution, and I ask Her name is Sunni McAsey and it reads plans not offered by a traditional edu- my colleagues to do the same. ... cation setting. Special education I yield back the balance of my time. ‘‘I pick up my students from the bus stop 15 teachers also recognize that these stu- Ms. HIRONO. Mr. Speaker, in closing, minutes before other teachers have students dents are no less deserving than any among the cadre of our educators all arrive in their classrooms. I am responsible for other students of a high-quality public across our country who deserve our these students from the minute they arrive on education. For these reasons and many thanks and recognition, our special campus until the minute they leave. Anything others, special education teachers are education teachers occupy a particu- that happens with these kids is my sole re- particularly special public servants. sponsibility. My students’ abilities range from Mr. Speaker, I want to thank Rep- larly special place. I urge my colleagues to support this the intellectual capacity of a third grader to resentative SESSIONS for introducing resolution. that of a 9 month old, all in one classroom, this resolution. and each lesson that I create must be mean- Once again, I express support for Mr. SESSIONS. Mr. Speaker, it gives me great pleasure to discuss H. Con. Res. 284, ingful to every child in the room. My relation- House Concurrent Resolution 284, ship with each child’s parents is very close which will recognize the immense con- legislation to recognize the work and impor- tance of special education teachers in Amer- and I know more about each child than any tributions of America’s special edu- teacher who teaches non-disabled students cation teachers. So I urge my col- ica. In 1972, the United States Supreme Court alone. I interact daily with parents who have leagues to support this resolution. accepted the cards dealt to them and are sup- ruled that children with disabilities have the I reserve the balance of my time. portive of my work, but I have parents who are right to the same quality public school edu- Mrs. BIGGERT. I yield myself such still grieving over their child’s disability. My job cation as their nondisabled peers. To fulfill this time as I may consume. includes so much more than most people are promise, in 1975 the United States Congress Mr. Speaker, I rise today in support aware. I am a teacher, a nurse, a counselor, of House Concurrent Resolution 284, passed the Education of all Handicapped Chil- a parent, a disciplinarian, and everything else recognizing the work and importance dren Act (EHA), which we now know as the for these kids 8 hours a day. Why do I do it, of special education teachers. Individuals with Disabilities Education Act or you wonder? Because I truly love these kids. Special education teachers work with IDEA, guaranteeing students with disabilities Even the slightest little gain is a big deal that children and youth who are facing a va- the right to a quality and appropriate public we celebrate! Every gain is worth it in these riety of disabilities. Some special edu- education. kids’ lives as well as their parents . . . Sin- cation teachers work with students It has been almost 40 years that children cerely a teacher who wants to make a dif- with severe cognitive, emotional or with special needs were granted the right and ference’’ physical disabilities, primarily teach- opportunity to obtain an education equal to Mr. Speaker, teachers like Sunni McAsey ing them life skills and basic literacy. every other child’s in our country. deserve to be recognized for their hard work Many special education teachers work IDEA provides these individuals the oppor- and dedication to educating our youth. with children with mild to moderate tunity to improve their quality of life through This resolution is the first of its kind in Con- disabilities, using or modifying the education while translating that to job skills in gress to recognize the dedication and hard general education curriculum to meet the real world. work that these educators put into their jobs, a child’s individual needs and providing Speaking as the parent of a child with spe- day in and day out. required remedial instruction. cial needs, I will always be grateful and in- My colleagues on both sides of the aisle These gifted educators work with debted to the individuals we are honoring in recognize the importance of these teachers students who are struggling with today’s resolution. They have dedicated their and their everyday work.

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 9920 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 11793 We are approaching almost 40 years in their nondisabled peers. Today, approximately with our children. We, as the Congress, must which children with special needs were given 10 percent of our student population receives continue to provide the tools and support for the right to obtain the same quality education special education services. the special needs teachers and their students, as their non-disabled peers, and it’s time we It truly takes a special person to work with especially during these times of economic honored those providing that education. our special needs students. These teachers strife. I ask all of my colleagues to support this often work well beyond the normal school day We are reminded that in 1972 the United resolution that recognizes the work and impor- in designing individualized lesson plans for States Supreme Court granted children with tance of special education teachers in Amer- their students. Special education teachers disabilities with the same right to receive ‘qual- ica. have a tremendous amount of patience, flexi- ity’ education. Without our special education Mr. JOHNSON of Georgia. Mr. Speaker, I bility, and creativity in dealing with special teachers and the efforts of many others to pro- rise today in support of H. Con. Res. 284, in- needs students. These teachers must also be vide for the children with special needs, this troduced by Representative SESSIONS, which able to adapt their teaching styles to accom- clearly would not have been possible. recognizes the hard work and importance of modate the unique behavioral, social, emo- Even as these individuals are faced with special education teachers. tional, or physical needs of their students. maybe, the most emotional and mentally In 1972, the U.S Supreme Court ruled that Mr. Speaker, I would personally like to rec- stressful challenges, their continuous work in people with special needs or disabilities had ognize the approximately 955 special edu- fostering and assisting our children is inspir- the same right to the quality education in pub- cation teachers in Los Angeles County. These ing. lic schools as their nondisabled peers. This individuals work extremely hard to provide a I strongly urge my colleagues to pass this monumental case changed the way we view quality education to over 6,500 special edu- resolution. children with special needs as well as the in- cation students. These extraordinary individ- Ms. JACKSON LEE of Texas. Mr. Speaker, I rise before you today in support of H. Con. creased need for teachers who are certified uals work tirelessly and without complaint in Res. 284, ‘‘Recognizing the work and impor- for educating children with special needs. Ac- trying to achieve successful outcomes for their tance of special education teachers.’’ I would tually, today, about 10 percent of all school- students. aged children receive special education serv- Lastly, Mr. Speaker, we should pay tribute like to thank my colleague from Texas for shedding light on this very demanding and ices. This number shows the necessity and to the special education aides that assist the vital occupation. importance of special education teachers na- teacher in the classroom. These individuals Special education teachers teach students tionwide. are often overworked and underpaid and are with both physical and mental impairments. A It takes an exceptional person to educate frequently underappreciated for the positive physical impairment is defined by the Ameri- children with disabilities. Special education contributions they make to our special needs cans with Disabilities Act (ADA) as: ‘‘Any teachers have to adapt to a wide variety of students. physiological disorder or condition, cosmetic needs ranging from children who have autism, Mr. Speaker, I urge my colleagues to join disfigurement, or anatomical loss affecting one hearing and seeing impairments, and even or- me in supporting H. Con. Res. 284 in recog- or more of the following body systems: neuro- thopedic impairments. Special education nizing the important role that special education logical, musculoskeletal, special sense organs, teachers have to come up with individual-spe- teachers play in our schools. respiratory (including speech organs), cardio- cific plans for each child enrolled in their class, Mr. FALEOMAVAEGA. Mr. Speaker, I rise vascular, reproductive, digestive, genito- tailored to help children reach their full learn- today before you, expressing my strong sup- urinary, hemic and lymphatic, skin, and endo- ing potential. Special education teachers must port for H. Con. Res. 284, appreciating the crine.’’ possess unique characteristics including ex- work and recognizing the special education A mental impairment is defined by the ADA treme patience, organization capabilities, and teachers of our nation. as: ‘‘Any mental or psychological disorder, the ability to understand each individual’s First, I would like to thank Congressman such as mental retardation, organic brain syn- needs. What makes these unique characteris- PETE SESSIONS of Texas and all of the co- drome, emotional or mental illness, and spe- tics and hard work of these educators espe- sponsors, for recognizing these important peo- cific learning disabilities.’’ cially significant is the fact that they help im- ple in our education system. I would also like Neither the statute nor the regulations list all prove the lives of the neediest amongst us, to extend my gratitude to Chairman GEORGE diseases or conditions that make up ‘‘physical the special education students. Therefore, it is MILLER and Ranking Member JOHN KLINE of or mental impairments,’’ because it would be evident that these special education teachers’ the Committee on Education & Labor for sup- impossible to provide a comprehensive list, hard work and dedication is truly deserving of porting this resolution. This bill recognizes the given the variety of possible impairments. the appreciation that Congress offers within H. profound dedication that these teachers have However, the number of disabilities covered Con. Res. 284. for their students, and the general community. by the ADA continues to grow, as has the DeKalb County School System located in I would like to commend our special edu- number of people diagnosed with learning dis- the Fourth District of Georgia has a history of cation teachers for continuing a phenomenal abilities. For example, it is estimated that be- focused care and concern for students with job. Not only do I respect their enduring pa- tween 3 and 5 percent of children have met special needs. In fact, DeKalb County School tience and commitment, I applaud them on criteria for diagnosis of Attention Deficit Hyper- System has an internationally recognized Ex- how much they have contributed to their local activity Disorder (ADHD). This represents ap- ceptional Education and Support Services Di- education systems. On a daily basis, these in- proximately 2 million children in the United vision that provides a support system for the dividuals must be able to motivate their stu- States, and means that in a classroom of 25 students with special needs as well as for their dents and push them past their limitations, to 30 children, it is likely that at least one will parents. I am proud of programs within my and at the same time help them to mature and have ADHD. In total, according to the U.S. district, such as this support division, that help become productive members of society. Department of Education, approximately special education teachers by giving them the Not only have these teachers helped the 6,500,000 children (roughly 10 percent of all option to offer this support system to their stu- many special needs students to achieve in school-aged children) receive special edu- dents. I want to personally thank the special school, but they have also formed a support cation services. education teachers in my district and across system for the many parents and families. Mr. Speaker, it is said that ‘‘The highest the United States. They are the warm counsel to the students cost of an education is not getting one.’’ in I urge my colleagues to support this impor- and their loved ones. They are entrusted to 1972, the United States Supreme Court ruled tant resolution. help the students succeed in their education. that children with disabilities have the same Ms. RICHARDSON. Mr. Speaker, I rise These teachers continue to encompass a gen- right to receive a quality education in the pub- today in support of H. Con. Res. 284, which uine and dedicated work ethic. lic schools as their nondisabled peers. Be- recognizes the important role that special edu- In American Samoa’s education system, we cause of this ruling, special education teach- cation teachers play in our Nation’s schools. I have implemented a significant amount of spe- ers had to be prepared to handle these stu- thank my colleague, Congressman SESSIONS cial education programs into our schools. Im- dents and their individual needs. for introducing this resolution. portantly, we have integrated the special Special education teachers work with chil- In 1972, the United States Supreme Court needs students in the mainstream education dren and young adults who have a range of ruled that children with disabilities have the system. I would personally like to commend disabilities. A small number of special edu- same right to receive a quality education as those teachers, for their enthusiasm and effort cation teachers work with students with severe

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 9920 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11794 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 cognitive, emotional, or physical disabilities, (H.R. 3913) to direct the Mayor of the help reverse the loss of members to nearby primarily teaching them life skills and basic lit- District of Columbia to establish a Dis- National Guards and allow for maintenance eracy. However, the majority of special edu- trict of Columbia National Guard Edu- and increase of necessary District of Colum- cational Assistance Program to en- bia National Guard personnel. cation teachers work with children with mild to ‘‘(9) The loss of members of the District of moderate disabilities, modifying the general courage the enlistment and retention Columbia National Guard could adversely af- education curriculum to meet the individual of persons in the District of Columbia fect the readiness of the District of Columbia needs of the child and providing required cor- National Guard by providing financial National Guard to respond in the event of a rective instruction. Today there are over assistance to enable members of the terrorist attack on the capital of the United 370,000 highly qualified special education National Guard of the District of Co- States. teachers in the United States. lumbia to attend undergraduate, voca- ‘‘SEC. 202. DISTRICT OF COLUMBIA NATIONAL tional, or technical courses, as amend- GUARD EDUCATIONAL ASSISTANCE Special education teachers use various PROGRAM. techniques to promote learning. Depending on ed. ‘‘(a) EDUCATIONAL ASSISTANCE PROGRAM the student, teaching methods can include in- The Clerk read the title of the bill. AUTHORIZED.—The Mayor of the District of tensive individualized instruction, problem- The text of the bill is as follows: Columbia, in coordination with the com- solving assignments, and small-group work. H.R. 3913 manding general of the District of Columbia Special education teachers ensure that appro- Be it enacted by the Senate and House of Rep- National Guard, shall establish a program priate accommodations are provided, such as resentatives of the United States of America in under which the Mayor may provide finan- Congress assembled, cial assistance to an eligible member of the having material read orally, or lengthening the District of Columbia National Guard to as- time allowed to take the test for students who SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE sist the member in covering expenses in- need special accommodations to learn the PROGRAM. curred by the member while enrolled in an general curriculum or to take a test. In some The Act entitled ‘‘An Act to provide for approved institution of higher education to cases, teachers also provide students with ca- the organization of the militia of the Dis- pursue the member’s first undergraduate, reer counseling or help them learn life skills, trict of Columbia’’, approved March 1, 1889 masters, vocational, or technical degree or (sec. 49—101 et seq., D.C. Official Code) is certification. such as balancing a checkbook. ‘‘(b) ELIGIBILITY.— Helping these students can be highly re- amended by adding at the end the following new title: ‘‘(1) CRITERIA.—A member of the District of warding and gratifying for the teacher, but the Columbia National Guard is eligible to re- ‘‘TITLE II—EDUCATIONAL ASSISTANCE work also can be emotionally demanding and ceive assistance under the program estab- PROGRAM physically draining. Teachers are often con- lished under this title if the commanding ‘‘SEC. 201. SHORT TITLE; FINDINGS. sumed with paper work and burdened with a general of the District of Columbia National ‘‘(a) SHORT TITLE.—This title may be cited heavy workload—not to mention administrative Guard certifies to the Mayor the following: as the ‘Major General David F. Wherley, Jr. ‘‘(A) The member has satisfactorily com- responsibilities. The teacher is responsible for District of Columbia National Guard Reten- pleted required initial active duty service. assessing the student’s progress toward gain- tion and College Access Act’. ‘‘(B) The member has executed a written ing the knowledge necessary to pass the ‘‘(b) FINDINGS.—Congress makes the fol- agreement to serve in the District of Colum- course as well as consider the students’ lowing findings: bia National Guard for a period of not less progress coping with their learning disability. ‘‘(1) The District of Columbia National than 6 years. Guard is under the exclusive jurisdiction of I applaud the steadfastness of all teachers ‘‘(C) The member is not receiving a Re- the President of the United States as Com- serve Officer Training Corps scholarship. for their diligence in teaching our youth and mander-in-Chief and, unlike other National preparing them for the future. I am grateful for ‘‘(2) MAINTENANCE OF ELIGIBILITY.—To con- Guards, is permanently federalized. tinue to be eligible for financial assistance special educational instructors, who not only ‘‘(2) The District of Columbia National under the program, a member of the District must deal with the curriculum of a classroom, Guard is unique and differs from the Na- of Columbia National Guard must— but must also manage all of the other factors tional Guards of the several States in that ‘‘(A) be satisfactorily performing duty in that may impede learning. Because of this, I the District of Columbia National Guard is the District of Columbia National Guard in strongly support H. Con Res. 284 and I en- responsible, not only for residents of the Dis- accordance with regulations of the National trict of Columbia, but also for a special and Guard (as certified to the Mayor by the com- courage my colleagues to join me. unique mission and obligation as a result of Mr. HIRONO. I yield back the bal- manding general of the District of Columbia the extensive presence of the Federal Gov- National Guard); ance of my time. ernment in the District of Columbia. The SPEAKER pro tempore. The ‘‘(B) be enrolled on a full-time or part-time ‘‘(3) Consequently, the President of the basis in an approved institution of higher question is on the motion offered by United States, rather than the chief execu- education; and the gentlewoman from Hawaii (Ms. tive of the District of Columbia, is in com- ‘‘(C) maintain satisfactory progress in the HIRONO) that the House suspend the mand of the District of Columbia National course of study the member is pursuing, de- rules and agree to the concurrent reso- Guard, and only the President can call up termined in accordance with section 484(c) of lution, H. Con. Res. 284, as amended. the District of Columbia National Guard the Higher Education Act of 1965 (20 U.S.C. even for local emergencies. 1091(c)). The question was taken. ‘‘(4) The District of Columbia National ‘‘SEC. 203. TREATMENT OF ASSISTANCE PRO- The SPEAKER pro tempore. In the Guard has been specifically trained to ad- opinion of the Chair, two-thirds being VIDED. dress the unique emergencies that may occur ‘‘(a) PERMITTED USE OF FUNDS.—Financial in the affirmative, the ayes have it. regarding the presence of the Federal Gov- assistance received by a member of the Dis- Ms. HIRONO. Mr. Speaker, on that I ernment in the District of Columbia. trict of Columbia National Guard under the demand the yeas and nays. ‘‘(5) The great majority of the members of program under this title may be used to The yeas and nays were ordered. the District of Columbia National Guard ac- cover— The SPEAKER pro tempore. Pursu- tually live in Maryland or Virginia, rather ‘‘(1) tuition and fees charged by an ap- than in the District of Columbia. proved institution of higher education in- ant to clause 8 of rule XX and the ‘‘(6) The District of Columbia National Chair’s prior announcement, further volved; Guard has been experiencing a dispropor- ‘‘(2) the cost of books; and proceedings on this motion will be tionate decline in force in comparison to the ‘‘(3) laboratory expenses. postponed. National Guards of Maryland and Virginia. ‘‘(b) AMOUNT OF ASSISTANCE.—The amount ‘‘(7) The States of Maryland and Virginia f of financial assistance provided to a member provide additional recruiting and retention of the District of Columbia National Guard b 1430 incentives, such as educational benefits, in under the program may be up to $400 per order to maintain their force, and their Na- credit hour, but not to exceed $6,000 per year. MAJOR GENERAL DAVID F. tional Guards have drawn recruits from the If the Mayor determines that the amount WHERLEY, JR. DISTRICT OF CO- District of Columbia at a rate that puts at available to provide assistance under this LUMBIA NATIONAL GUARD RE- risk the maintenance of the necessary force title in any year will be insufficient, the TENTION AND COLLEGE ACCESS levels for the District of Columbia National Mayor may reduce the maximum amount of ACT Guard. the assistance authorized, or set a limit on ‘‘(8) Funds for an educational benefit for the number of participants, to ensure that Ms. NORTON. Mr. Speaker, I move to members of the District of Columbia Na- amounts expended do not exceed available suspend the rules and pass the bill tional Guard would provide an incentive to amounts.

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 11795 ‘‘(c) RELATION TO OTHER ASSISTANCE.—Ex- ‘‘SEC. 206. EFFECTIVE DATE. grants for secondary education tuition cept as provided in section 202(b)(1)(C), a ‘‘Financial assistance may be provided to the members of the D.C. National member of the District of Columbia National under the program under this title to eligible Guard. Guard may receive financial assistance members of the District of Columbia Na- The bill authorizes an education in- under the program in addition to educational tional Guard for periods of instruction that assistance provided under any other provi- begin on or after January 1, 2010.’’. centive program recommended by former Major General David Wherley sion of law. SEC. 2. PAYGO COMPLIANCE. ‘‘(d) REPAYMENT.—A member of the Dis- The budgetary effects of this Act, for the and his successor, Major General Errol trict of Columbia National Guard who re- purpose of complying with the Statutory Schwartz, who suggested that edu- ceives assistance under the program and Pay-As-You-Go-Act of 2010, shall be deter- cation grants would be useful in stem- who, voluntarily or because of misconduct, mined by reference to the latest statement ming the troublesome loss of members fails to serve for the period covered by the titled ‘‘Budgetary Effects of PAYGO Legisla- of the D.C. Guard to units, in part, be- agreement required by section 202(b)(1) or tion’’ for this Act, submitted for printing in cause surrounding States offer just fails to comply with the eligibility condi- the Congressional Record by the Chairman of such educational benefits. tions specified in section 202(b)(2) shall be the House Budget Committee, provided that I am grateful that the Appropriations subject to the repayment provisions of sec- such statement has been submitted prior to Committee has allotted funds in some tion 373 of title 37, United States Code. the vote on passage. years, with smaller contributions from ‘‘SEC. 204. ADMINISTRATION AND FUNDING OF The SPEAKER pro tempore. Pursu- the District, in the Financial Services PROGRAM. ant to the rule, the gentlewoman from ‘‘(a) ADMINISTRATION.—The Mayor, in co- and General Government Appropria- the District of Columbia (Ms. NORTON) ordination with the commanding general of tions bill. A permanent authorization the District of Columbia National Guard and and the gentleman from California (Mr. is necessary, however, to ensure that in consultation with approved institutions of BILBRAY) each will control 20 minutes. D.C. National Guard members receive higher education, shall develop policies and The Chair recognizes the gentle- equal treatment and benefits with procedures for the administration of the pro- woman from the District of Columbia. other National Guard members on a gram under this title. Nothing in this title GENERAL LEAVE regular basis, especially with sur- shall be construed to require an institution Ms. NORTON. Mr. Speaker, I ask rounding States that do, in fact, have of higher education to alter the institution’s unanimous consent that all Members admissions policies or standards in any man- the higher education benefits we seek ner to enable a member of the District of Co- have 5 legislative days in which to re- for the D.C. National Guard. The Guard lumbia National Guard to enroll in the insti- vise and extend their remarks. for the Nation’s Capital is competing tution. The SPEAKER pro tempore. Is there for members from the pool of regional ‘‘(b) FUNDING.— objection to the request of the gentle- residents who find membership in ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— woman from the District of Columbia? Maryland and Virginia Guards more fi- There are authorized to be appropriated to There was no objection. nancially beneficial. the District of Columbia such sums as may Ms. NORTON. Mr. Speaker, I yield Mr. Speaker, last week, on June 22, be necessary to enable the Mayor to provide myself such time as I may consume. we marked the 1-year anniversary of financial assistance under the program. Mr. Speaker, as amended, H.R. 3913 Funds appropriated pursuant to this author- the commemoration of the Metro colli- ization of appropriations shall remain avail- would require the Mayor of the District sion here involving two Red Line trains able until expended. of Columbia to establish a program to that took the lives of nine area resi- ‘‘(2) TRANSFER OF FUNDS.—The Mayor may provide financial assistance to mem- dents, seven from the District of Co- accept the transfer of funds from Federal bers of the District of Columbia Na- lumbia, including a local hero, Major agencies and use any funds so transferred for tional Guard to assist in covering high- General David F. Wherley, Jr., and his purposes of providing assistance under the er education expenses. The Mayor wife Ann. This bill is named in honor of program. There is authorized to be appro- would establish this program in coordi- General Wherley, who not only served priated to the head of any executive branch nation with the commander of the Dis- agency such sums as may be necessary to his country all his adult life and never permit the transfer of funds to the Mayor to trict of Columbia National Guard. As- forgot the men and women who served provide financial assistance under this sec- sistance would be capped at $6,000 per under him at home or at war, but also tion. year per National Guard member. was particularly attentive to the resi- ‘‘(3) LIMIT.—The aggregate amount author- H.R. 3913, as amended, authorizes ap- dents of the District of Columbia, espe- ized to be appropriated under paragraphs (1) propriations to the District of Colum- cially the city’s most troubled youth. and (2) for a fiscal year may not exceed— bia for the assistance program. The bill Thereafter, Congressman JOSE´ ‘‘(A) for fiscal year 2011, $370,000; and would also authorize the transfer of SERRANO, chair of the Committee on ‘‘(B) for each succeeding fiscal year, the funds from Federal agencies for pro- limit applicable under this paragraph for the Appropriations Financial Services Sub- previous fiscal year, adjusted by the tuition viding assistance under the program. committee, was good enough to offer inflation index used for the year by the Sec- The initial authorization for the pro- this renaming in his appropriations bill retary of Veterans Affairs for education ben- gram is $370,000 in FY 2011. The bill last year and to appropriate the funds efits under section 3015(h)(1) of title 38, would permit annual adjustments in without authorization this year or in United States Code. succeeding years based on the tuition prior years. ‘‘(c) ACCEPTANCE OF DONATIONS.—The inflation index used by the Secretary Under General Wherley’s command, Mayor may accept, use, and dispose of dona- of Veterans Affairs for educational ben- the D.C. National Guard deployed sev- tions of services or property for purposes of efits. As amended, H.R. 3913 complies eral of its units to the global war on providing assistance under the program. with PAYGO requirements. terrorism. General Wherley himself ‘‘SEC. 205. DEFINITION. Mr. Speaker, in addition, the bill served courageously in both Iraq and ‘‘In this title, the term ‘approved institu- seeks to name the bill after former Afghanistan, but at home he spent tion of higher education’ means an institu- General David Wherley of the District tion of higher education (as defined in sec- hours with me figuring out ways to get tion 102 of the Higher Education Act of 1965 of Columbia National Guard. funds for programs for the District’s (20 U.S.C. 1002)) that— Mr. Speaker, I told the D.C. National children. We were successful, because ‘‘(1) is eligible to participate in the student Guard’s 547th Transportation Company he would show up, not only in my of- financial assistance programs under title IV when they were deployed to Iraq about fice, but wherever he was needed to get of the Higher Education Act of 1965 (20 U.S.C. a year ago that I would introduce sev- the funds to do the service for his men 1070 et seq.); and eral D.C. National Guard bills con- and for the children of this city. ‘‘(2) has entered into an agreement with cerning their service. Today, we con- General Wherley was a full-service the Mayor containing an assurance that sider the Major General David F. leader. He not only commanded the funds made available under this title are used to supplement and not supplant other Wherley, Jr. District of Columbia Na- D.C. National Guard; he worked closely assistance that may be available for mem- tional Guard Retention and College Ac- with me and with city officials on pro- bers of the District of Columbia National cess Act to permanently authorize grams for our city and its disadvan- Guard. funding for a program to provide taged youth and for keeping our Guard

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11796 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 competitive as a premier force at home The Clerk read the title of the resolu- There was no objection. as well as abroad. tion. Ms. NORTON. Mr. Speaker, I yield The education incentives in this bill The text of the resolution is as fol- myself such time as I may consume. serve not only to encourage high-qual- lows: Mr. Speaker, on behalf of the Com- ity recruits, but, when appropriated, H. RES. 1439 mittee on Oversight and Government have had the important benefit of help- Whereas the historic Chicago Blackhawks, Reform, I am pleased to present H. Res. ing the D.C. National Guard to main- as one of the ‘‘’’, have made 1439 for consideration. The bill con- tain the force necessary to protect the countless contributions to sports; gratulates the Chicago Blackhawks for Federal presence, because this funding Whereas the Blackhawks and the National their victory over the Philadelphia helps equalize an important benefit Hockey League have demonstrated a com- Flyers in the National Hockey League compared with what is offered by mitment to promoting fitness and leadership Stanley Cup Finals. skills for youth through support for youth Guard units in surrounding jurisdic- H. Res. 1439 was introduced by our hockey programs and community skating fa- colleague, the gentleman from Illinois, tions which also are open to D.C. Na- cilities; Representative MIKE QUIGLEY, on May tional Guard members. Whereas with 101 straight home game While the appropriators have been sellouts, and an NHL leading regular-season 25, 2010. It was referred to the Com- good enough to provide funding for the average attendance of 21,356, the Blackhawks mittee on Oversight and Government D.C. National Guard by considering it a are the pride of their hometown, Chicago, Il- Reform, which ordered it to be reported programmatic request, it is imperative linois; by unanimous consent on June 14, 2010. that this important educational initia- Whereas in just 3 years, the Blackhawks The measure has the support of over 50 organization of , Joel tive be authorized appropriately to en- Members of the House. Quenneville, John McDonough, Stan Bow- Mr. Speaker, on June 9, 2010, the Chi- sure its permanent sustainability. man, Scotty Bowman, Jay Blunk, and Dale I urge my colleagues to support the cago Blackhawks defeated the Phila- Tallon have revitalized a franchise and re- delphia Flyers in Philadelphia to win bill. minded Chicago that it has always been a I reserve the balance of my time. hockey town; the NHL’s Stanley Cup Final hockey Mr. BILBRAY. Mr. Speaker, I yield Whereas the Chicago Blackhawks, through series. With that win, the Chicago myself such time as I may consume. amazing offense, superb defense, and un- Blackhawks ended 49 years of Stanley Mr. Speaker, it is a privilege to join matched depth, dominated the regular sea- Cup frustration with a 4–3 overtime with my colleague, the Delegate from son and won 52 games; victory over the Philadelphia Flyers in Whereas the Blackhawks defeated the a game that was numbered game six Washington, D.C. This bill quite appro- Nashville Predators in 6 games, the Van- priately is named in honor of an indi- and clinched the National Hockey couver Canucks in 6 games, and swept the League’s best-of-seven championship vidual within the Federal District who number 1 seeded San Jose Sharks to become served the community well and, more the Western Conference Champions and ad- series. The Philadelphia Flyers were importantly, the context and the sub- vance to the Stanley Cup Final; worthy opponents and should be con- stance of this bill gives equity to those Whereas in the Stanley Cup Final series, gratulated for a hard-fought Stanley men and women who serve in the Na- the Blackhawks held off the aggressive play Cup series. tional Guard for the Federal District of and talent of the Eastern Conference Cham- Blackhawks captain Jonathan pion Philadelphia Flyers, who deserve great Columbia and gives them equity with Toews, who scored seven goals in the credit, to win in overtime, and provide one of playoffs and had 22 assists, including those States that surround the Federal the most exciting final series in recent his- District. one on Chicago’s first goal, was award- tory; and ed the Conn Smythe Trophy for most I think many times Congress is asked Whereas the innumerable contributions to give special attention to our resi- from every player, coach, and the entire valuable player for his team in the dents in the Federal District, and I Blackhawks family have ended the 49-year- NHL playoffs. The Philadelphia Flyers fought hard, think this is one of fairness, equity, long championship drought and brought the but they were no match for the hard- one that I think is well within our con- roar back to Madison Street and Lord Stan- ley’s Cup to where it belongs, sweet home hitting, exciting brand of hockey of stitutional, not only our rights, but Chicago: Now, therefore, be it Blackhawks general manager Stan our responsibilities to represent not Resolved, That the House of Representa- Bowman and head coach Joel just those in our own districts, but to tives— Quenneville. recognize that the Federal District is a (1) recognizes the Chicago Blackhawks for Not since the days of Hall of Famers their long distinguished history, countless district for all Americans. , Stan Mikita and goalie Mr. Speaker, I yield back the balance contributions to sports, and their many suc- Glenn Hall had the Blackhawks hoisted of my time. cesses as a franchise; the cup, and Chicago unleashed nearly Ms. NORTON. Mr. Speaker, I have no (2) congratulates the Blackhawks on an amazing season and for winning the 2010 50 years of frustration with a euphoric further requests for time, and I yield Stanley Cup Championship; celebration on Philadelphia’s home ice. back the balance of my time. (3) recognizes the players, coaches, and I join my colleagues in congratu- The SPEAKER pro tempore. The leadership of the Blackhawks organization; lating the National Hockey League question is on the motion offered by and champions, the Chicago Blackhawks, the gentlewoman from the District of (4) joins with all people in the United on their victory in the 2010 Stanley States and hockey fans all over the world in Columbia (Ms. NORTON) that the House Cup Finals. suspend the rules and pass the bill, celebrating the return of the Stanley Cup to Chicago, Illinois. Mr. Speaker, I reserve the balance of H.R. 3913, as amended. my time. The question was taken; and (two- The SPEAKER pro tempore. Pursu- thirds being in the affirmative) the ant to the rule, the gentlewoman from b 1445 rules were suspended and the bill, as the District of Columbia (Ms. NORTON) Mr. BILBRAY. Mr. Speaker, I yield amended, was passed. and the gentleman from California (Mr. myself such time as I may consume. A motion to reconsider was laid on BILBRAY) each will control 20 minutes. Mr. Speaker, as somebody that re- the table. The Chair recognizes the gentle- sides in north San Diego County, I woman from the District of Columbia. f spend a lot of time in the water at the GENERAL LEAVE Pacific Ocean, but I have never spent CONGRATULATING THE CHICAGO Ms. NORTON. Mr. Speaker, I ask very much time on the ice. As a San BLACKHAWKS unanimous consent that all Members Diegan, I find it very interesting the Ms. NORTON. Mr. Speaker, I move to shall have 5 legislative days in which entire concept of somebody playing a suspend the rules and agree to the reso- to revise and extend their remarks. game on the ice. But I join today in lution (H. Res. 1439) congratulating the The SPEAKER pro tempore. Is there supporting this resolution and con- Chicago Blackhawks on winning the objection to the request of the gentle- gratulating the Blackhawks in their 2010 Stanley Cup Championship. woman from the District of Columbia? victory.

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 11797 I still would love to learn more about stood what it was like to cheer for authorized by laws codified in the District of the game, but I’d like to do it from and and Columbia Official Code for current members afar, as long as I can stay warm. Tony Esposito in all the years in which of the United States Secret Service Uni- I reserve the balance of my time. we didn’t quite make the playoffs, but formed Division from such laws to the United States Code. Ms. NORTON Mr. Speaker, I am they loved the ‘‘madhouse on Madison’’ pleased to yield such time as he may as much as I did and look forward to SEC. 102. HUMAN RESOURCES FOR UNITED consume to the gentleman from Illi- STATES SECRET SERVICE UNI- many more years of excitement from FORMED DIVISION. nois, the sponsor of the bill (Mr. this team that Mr. Wirtz has brought (a) PAY FOR MEMBERS OF THE UNITED QUIGLEY). us. It was a wonderful night, and we ap- STATES SECRET SERVICE UNIFORMED DIVI- Mr. QUIGLEY. To my colleagues, I preciate your cosponsorships. appreciate their ability to pronounce SION.—Subpart I of part III of title 5, United Ms. NORTON I just want to con- States Code, is amended by adding at the end names they’re not necessarily so famil- gratulate my colleague Mr. QUIGLEY, the following: iar with so well, and I appreciate those and I understand why he and Chicago who cosponsored this legislation. are ecstatic. I urge my colleagues to ‘‘CHAPTER 102—UNITED STATES SECRET About 3 weeks ago, several hundred SERVICE UNIFORMED DIVISION PER- join me in supporting this measure. SONNEL brave Chicago Blackhawk hockey fans I reserve the balance of my time. sat in Philadelphia and wondered why Mr. BILBRAY. Mr. Speaker, I con- ‘‘Sec. Patrick Kane was flying across the ice gratulate the gentleman again, and ‘‘10201. Definitions. in celebration. He scored the goal that Chicago, which has had a pretty good ‘‘10202. Authorities. no one saw—the goal that has brought run the last couple of years. Seeing ‘‘10203. Basic pay. an end to 49 years of frustration for that I know how committed the hockey ‘‘10204. Rate of pay for original appoint- Blackhawk fans and exorcised the fans are, I will join with my colleagues ments. ghost of the demons of Jacques in urging the Members to support the ‘‘10205. Service step adjustments. Lemaire in 1971. He helped make the passage of H.R. 1439. ‘‘10206. Technician positions. Chicago Blackhawks the Stanley Cup I yield back the balance of my time. Champions. Ms. NORTON. Mr. Speaker, I yield ‘‘10207. Promotions. It was a long, extraordinarily tough back the balance of my time. ‘‘10208. Demotions. road for these players. Many of these The SPEAKER pro tempore. The ‘‘10209. Clothing allowances. players competed in over 120 games, question is on the motion offered by ‘‘10210. Reporting requirement. the gentlewoman from the District of when you count the Olympics—an ex- ‘‘§ 10201. Definitions traordinarily grueling task for them to Columbia (Ms. NORTON) that the House accomplish this. But that goal set off a suspend the rules and agree to the reso- ‘‘In this chapter— celebration that ended with 2 million lution, H. Res. 1439. ‘‘(1) the term ‘member’ means an employee of the United States Secret Service Uni- people in downtown Chicago in a pa- The question was taken. The SPEAKER pro tempore. In the formed Division having the authorities de- rade. It set off a celebration in Phila- scribed under section 3056A(b) of title 18; delphia among a few fans that were opinion of the Chair, two-thirds being ‘‘(2) the term ‘Secretary’ means the Sec- there from Chicago, and among the in the affirmative, the ayes have it. retary of the Department of Homeland Secu- alumni of Blackhawks, including Ms. NORTON. Mr. Speaker, on that I rity; and Bobby Hull, Stan Mikita, Tony demand the yeas and nays. ‘‘(3) the term ‘United States Secret Service The yeas and nays were ordered. Esposito, Denis Savard, and many oth- Uniformed Division’ has the meaning given The SPEAKER pro tempore. Pursu- that term under section 3056A of title 18. ers. Unfortunately, many alumni are ant to clause 8 of rule XX and the ‘‘§ 10202. Authorities no longer with us—Hawk legends who Chair’s prior announcement, further are forever in our hearts, such as Keith proceedings on this motion will be ‘‘(a) IN GENERAL.—The Secretary is author- Magnuson and . But it also postponed. ized to— set off an extraordinary celebration in ‘‘(1) fix and adjust rates of basic pay for Chicago, which, for many of us, is still f members of the United States Secret Service going on. UNITED STATES SECRET SERVICE Uniformed Division, subject to the require- There are many people to thank, the UNIFORMED DIVISION MOD- ments of this chapter; first of which, as far as I understand, is ERNIZATION ACT OF 2010 ‘‘(2) determine what constitutes an accept- the only truly popular owner I know in able level of competence for the purposes of Ms. NORTON. Mr. Speaker, I move to section 10205; professional sports, Rocky Wirtz, who suspend the rules and pass the Senate ‘‘(3) establish and determine the positions combined his full efforts with dedica- bill (S. 1510) to transfer statutory enti- at the Officer and Sergeant ranks to be in- tion to bring a championship to Chi- tlements to pay and hours of work au- cluded as technician positions; and cago; John McDonough, the president thorized by the District of Columbia ‘‘(4) determine the rate of basic pay of a of the team; Jay Blunk, Stan Bowman, Code for current members of the member who is changed or demoted to a and Scotty Bowman, who were extraor- United States Secret Service Uni- lower rank, in accordance with section 10208. dinary in putting this team together formed Division from the District of ‘‘(b) DELEGATION OF AUTHORITY.—The Sec- and advising it; along with Dale Columbia Code to the United States retary is authorized to delegate to the des- ignated agent or agents of the Secretary, Tallon, who’s no longer with the team Code, as amended. but to whom we owe a great deal of any power or function vested in the Sec- The Clerk read the title of the bill. retary under in this chapter. gratitude; defenseman Duncan Keith, The text of the amendments is as fol- lows: ‘‘(c) REGULATIONS.—The Secretary may the James Norris Memorial Trophy prescribe such regulations as may be nec- winner this year; Captain Jonathan Amendments: essary to administer this chapter. Toews, who won the Conn Smythe Tro- Strike out all after the enacting clause and phy; and a team of all-stars, including insert: ‘‘§ 10203. Basic pay Brian Campbell. We had several Olym- SECTION 1. SHORT TITLE. ‘‘(a) IN GENERAL.—The annual rates of This Act may be cited as the ‘‘United pians who also competed. We have basic pay of members of the United States States Secret Service Uniformed Division Secret Service Uniformed Division shall be players who won the Stanley Cup and Modernization Act of 2010’’. the Gold Medal in 1 year, which doesn’t fixed in accordance with the following sched- TITLE I—PERSONNEL RULES FOR UNITED ule of rates, except that the payable annual happen all the time. STATES SECRET SERVICE UNIFORMED rate of basic pay for positions at the Lieu- But my main message today is to all DIVISION tenant, Captain, and Inspector ranks is lim- those long-suffering, dedicated SEC. 101. PURPOSE. ited to 95 percent of the rate of pay for level Blackhawk fans who have enjoyed this The purpose of this title is to transfer stat- V of the Executive Schedule under sub- victory ever since; the fans who under- utory entitlements to pay and hours of work chapter II of chapter 53.

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‘‘Rank Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13

Officer ...... $44,000 $46,640 $49,280 $51,920 $54,560 $57,200 $59,840 $62,480 $65,120 $67,760 $70,400 $73,040 $75,680 Sergeant ...... 59,708 62,744 65,780 68,816 71,852 74,888 77,924 80,960 83,996 87,032 Lieutenant ...... 69,018 72,358 75,698 79,038 82,378 85,718 89,058 92,398 95,738 Captain ...... 79,594 83,268 86,942 90,616 94,290 97,964 101,638 105,312 Inspector ...... 91,533 95,758 99,983 104,208 108,433 112,658 116,883 121,108 Deputy Chief ...... The rate of basic pay for Deputy Chief positions will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. Assistant Chief ...... The rate of basic pay the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. Chief ...... The rate of basic pay the Chief position will be equal to the rate of pay for level V of the Executive Schedule.

‘‘(b) SCHEDULE ADJUSTMENT.— ‘‘(2) Each member in service step 4, 5, 6, 7, ‘‘§ 10209. Clothing allowances ‘‘(1)(A) Effective at the beginning of the 8, 9, 10, or 11 shall be advanced successively ‘‘(a) IN GENERAL.—In addition to the bene- first pay period commencing on or after the to the next higher service step at the begin- fits provided under section 5901, the Director first day of the month in which an adjust- ning of the first pay period immediately fol- of the United States Secret Service or the ment in the rates of basic pay under the Gen- lowing the completion of 104 calendar weeks designee of the Director is authorized to pro- eral Schedule takes effect under section 5303 of active service in the member’s service vide a clothing allowance to a member as- or other authority, the schedule of annual step. signed to perform duties in normal business rates of basic pay of members (except the ‘‘(3) Each member in service step 12 shall or work attire purchased at the discretion of Deputy Chiefs, Assistant Chief and Chief) be advanced successively to the next higher the employee. Such clothing allowance shall shall be adjusted by the Secretary by a per- service step at the beginning of the first pay not to be treated as part of the member’s centage amount corresponding to the per- period immediately following the completion basic pay for any purpose (including retire- centage adjustment made in the rates of pay of 156 calendar weeks of active service in the ment purposes) and shall not be used for the under the General Schedule. member’s service step. purpose of computing the member’s overtime ‘‘(B) The Secretary may establish a meth- ‘‘§ 10206. Technician positions pay, pay during leave or other paid time off, odology of schedule adjustment that— ‘‘(a) IN GENERAL.—(1) Each member whose lump-sum payments under section 5551 or ‘‘(i) results in uniform fixed-dollar step in- position is determined under section section 5552, workers’ compensation, or any crements within any given rank; and 10202(a)(3) to be included as a technician po- other benefit. Such allowance for any mem- ‘‘(ii) preserves the established percentage sition shall, on or after such date, receive, in ber may be discontinued at any time upon differences among rates of different ranks at addition to the member’s scheduled rate of written notification by the Director of the the same step position. basic pay, an amount equal to 6 percent of United States Secret Service or the designee ‘‘(2) Notwithstanding paragraph (1), the the sum of such member’s rate of basic pay of the Director. payable annual rate of basic pay for posi- and the applicable locality-based com- ‘‘(b) MAXIMUM AMOUNT AUTHORIZED.—A tions at the Lieutenant, Captain, and Inspec- parability payment. clothing allowance authorized under this tor ranks after adjustment under paragraph ‘‘(2) A member described in this subsection section shall not exceed $500 per annum. (1) may not exceed 95 percent of the rate of shall receive the additional compensation ‘‘§ 10210. Reporting requirement pay for level V of the Executive Schedule authorized by this subsection until such ‘‘Not later than 3 years after the date of under subchapter II of chapter 53. time as the member’s position is determined the enactment of this chapter, the Secretary ‘‘(3) Locality-based comparability pay- under section 10202(a)(3) not to be a techni- shall prepare and transmit to Congress a re- ments authorized under section 5304 shall be cian position, or until the member no longer port on the operation of this chapter. The re- applicable to the basic pay for all ranks occupies such position, whichever occurs port shall include— under this section, except locality-based first. ‘‘(1) an assessment of the effectiveness of comparability payments may not be paid at ‘‘(3) The additional compensation author- this chapter with respect to efforts of the a rate which, when added to the rate of basic ized by this subsection shall be paid to a Secretary to recruit and retain well-quali- pay otherwise payable to the member, would member in the same manner and at the same fied personnel; and cause the total to exceed the rate of basic time as the member’s basic pay is paid. ‘‘(2) recommendations for any legislation pay payable for level IV of the Executive ‘‘(b) EXCEPTIONS.—(1) Except as provided in or administrative action which the Sec- Schedule. paragraph (2), the additional compensation retary considers appropriate.’’. authorized by subsection (a)(1) shall be con- ‘‘§ 10204. Rate of pay for original appoint- (b) ANNUAL LEAVE LIMITATION FOR MEM- sidered as basic pay for all purposes, includ- ments BERS IN THE DEPUTY CHIEF, ASSISTANT CHIEF, ing section 8401(4). AND CHIEF RANKS.—Section 6304(f)(1) of title ‘‘(a) IN GENERAL.—Except as provided in ‘‘(2) The additional compensation author- 5, United States Code, is amended— subsection (b), all original appointments ized by subsection (a)(1) shall not be consid- (1) in subparagraph (F), by striking ‘‘or’’ shall be made at the minimum rate of basic ered as basic pay for the purposes of— after the semicolon; pay for the Officer rank set forth in the ‘‘(A) section 5304; or (2) in subparagraph (G), by striking the pe- schedule in section 10203. ‘‘(B) section 7511(a)(4). riod and inserting ‘‘; or’’; and ‘‘(b) EXCEPTION FOR SUPERIOR QUALIFICA- ‘‘(3) The loss of the additional compensa- (3) by adding at the end the following: TIONS OR SPECIAL NEED.—The Director of the tion authorized by subsection (a)(1) shall not ‘‘(H) a position in the United States Secret United States Secret Service or the designee constitute an adverse action for the purposes Service Uniformed Division at the rank of of the Director may appoint an individual at of section 7512. Deputy Chief, Assistant Chief, or Chief.’’. a rate above the minimum rate of basic pay ‘‘§ 10207. Promotions (c) SICK LEAVE FOR WORK-RELATED INJU- for the Officer rank based on the individual’s ‘‘(a) IN GENERAL.—Each member who is RIES AND ILLNESSES.—Section 6324 of title 5, superior qualifications or a special need of promoted to a higher rank shall receive basic United States Code, is amended— the Government for the individual’s services. pay at the same step at which such member (1) in subsection (a), by striking ‘‘Execu- ‘‘§ 10205. Service step adjustments was being compensated prior to the date of tive Protective Service force’’ and inserting ‘‘(a) DEFINITION.—In this section, the term the promotion. ‘‘United States Secret Service Uniformed Di- ‘calendar week of active service’ includes all ‘‘(b) CREDIT FOR SERVICE.—For the pur- vision’’; periods of leave with pay or other paid time poses of a service step adjustment under sec- (2) in subsection (b)(3), by striking ‘‘the off, and periods of non-pay status which do tion 10205, periods of service at the lower Treasury for the Executive Protective Serv- not cumulatively equal one 40-hour work- rank shall be credited in the same manner as ice force’’ and inserting ‘‘Homeland Security week. if it was service at the rank to which the em- for the United States Secret Service Uni- ‘‘(b) ADJUSTMENTS.—Each member whose ployee is promoted. formed Division’’; and current performance is at an acceptable level ‘‘§ 10208. Demotions (3) by adding at the end the following: of competence shall have a service step ad- ‘‘When a member is changed or demoted ‘‘(c) This section shall not apply to mem- justment as follows: from any rank to a lower rank, the Sec- bers of the United States Secret Service Uni- ‘‘(1) Each member in service step 1, 2, or 3 retary may fix the member’s rate of basic formed Division who are covered under chap- shall be advanced successively to the next pay at the rate of pay for any step in the ter 84 for the purpose of retirement bene- higher service step at the beginning of the lower rank which does not exceed the lowest fits.’’. first pay period immediately following the step in the lower rank for which the rate of SEC. 103. MISCELLANEOUS PROVISIONS. completion of 52 calendar weeks of active basic pay is equal to or greater than the (a) CONVERSION TO NEW SALARY SCHED- service in the member’s service step. member’s existing rate of basic pay. ULE.—

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(1) IN GENERAL.— (I) DEFINITION.—In this clause, the term SEC. 104. TECHNICAL AND CONFORMING AMEND- (A) RATES OF PAY FIXED.—Effective the ‘‘former rate of basic pay’’ means the rate of MENTS. first day of the first pay period which begins basic pay last received by a member before (a) IN GENERAL.—To the extent that any after the date of the enactment of this Act, the conversion. provision of any law codified in the District the Secretary shall fix the rates of basic pay (II) IN GENERAL.—If, as a result of conver- of Columbia Official Code that authorizes an for members of the United States Secret sion to the new salary schedule, the mem- entitlement to pay or hours of work for cur- Service Uniformed Division, as defined under ber’s former rate of basic pay is greater than rent members of the United States Secret section 10201 of title 5, United States Code, the maximum rate of basic pay payable for Service Uniformed Division is not expressly (as added by section 102(a)) in accordance the rank of the member’s position imme- revoked by this title, such provision shall with the provisions of this subsection. diately after the conversion, the member is not apply to such members after the effec- tive date of this Act. (B) RATE BASED ON CREDITABLE SERVICE.— entitled to basic pay at a rate equal to the (b) TECHNICAL AND CONFORMING AMEND- (i) IN GENERAL.—Each member shall be member’s former rate of basic pay, and in- MENTS TO LAWS CODIFIED IN DISTRICT OF CO- placed in and receive basic pay at the cor- creased at the time of any increase in the maximum rate of basic pay payable for the LUMBIA OFFICIAL CODE.—The following laws responding scheduled rate under chapter 102 codified in the District of Columbia Official rank of the member’s position by 50 percent of title 5, United States Code, as added by Code are amended as follows: of the dollar amount of each such increase. section 102(a) (after any adjustment under (1) The Act entitled ‘‘An Act to provide for (III) PROMOTIONS.—For the purpose of ap- paragraph (3) of this subsection) in accord- granting to officers and members of the Met- plying section 10207 of title 5, United States ance with the member’s total years of cred- ropolitan Police force, the Fire Department Code, relating to promotions, (as added by itable service, as provided in the table in this of the District of Columbia, and the White section 102(a)) an employee receiving a rate clause. If the scheduled rate of basic pay for House and United States Park Police forces above the maximum rate as provided under the step to which the member would be as- additional compensation for working on this clause shall be deemed to be at step 13. signed in accordance with this paragraph is holidays’’, approved October 24, 1951, is (2) CREDIT FOR SERVICE.—Each member lower than the member’s rate of basic pay amended— whose position is converted to the salary immediately before the date of enactment of (A) in the second sentence of section 1 (sec. schedule under chapter 102 of title 5, United this paragraph, the member shall be placed 5—521.01, D.C. Official Code), by striking States Code, (as added by section 102(a)) in in and receive basic pay at the next higher ‘‘the Fire Department of the District of Co- accordance with this subsection shall be service step, subject to the provisions of lumbia,’’ and all that follows through ‘‘and granted credit for purposes of such member’s clause (iv). If the member’s rate of pay ex- the United States Park Police Force’’ and in- first service step adjustment made after con- ceeds the highest step of the rank, the rate serting ‘‘the Fire Department of the District version to the salary schedule under that of basic pay shall be determined in accord- of Columbia, and the United States Park Po- chapter for all satisfactory service per- ance with clause (iv). lice Force’’; formed by the member since the member’s (B) in section 2 (sec. 5—521.02, D.C. Official last increase in basic pay before the adjust- Code), by striking ‘‘and with respect’’ and all Step Assigned ment under this section. Full Years of Creditable Upon Conver- that follows through ‘‘United States Park Service (3) ADJUSTMENTS DURING TRANSITION.—The sion Police force’’ and inserting ‘‘and with re- schedule of rates of basic pay shall be in- spect to officers and members of the United creased by the percentage of any annual ad- 0 1 States Park Police force’’; and justment applicable to the General Schedule (C) in section 3 (sec. 5—521.03, D.C. Official authorized under section 5303 of title 5, 1 2 Code), by striking ‘‘shall be applicable’’ and United States Code, or any other authority, all that follows and inserting the following: which takes effect during the period begin- 2 3 ‘‘shall be applicable to the United States ning on January 1, 2010, through the last day Park Police force under regulations promul- of the last pay period preceding the first pay 3 4 gated by the Secretary of the Interior.’’. period which begins after the date of the en- (2) The District of Columbia Police and actment of this Act. The Secretary of Home- 5 5 land Security may establish a methodology Firemen’s Salary Act of 1958 is amended as of schedule adjustment that results in uni- follows: 7 6 form fixed-dollar step increments within any (A) In section 202 (sec. 5—542.02, D.C. Offi- given rank and preserves the established per- cial Code), by striking ‘‘United States Secret 9 7 centage differences among rates of different Service Uniformed Division,’’. ranks at the same step position. (B) In section 301(b) (sec. 5—543.01(b), D.C. 11 8 (b) IMPACT ON BENEFITS UNDER THE DIS- Official Code), by striking ‘‘the United TRICT OF COLUMBIA POLICE AND FIRE- States Secret Service Uniformed Division,’’. 13 9 FIGHTERS’ RETIREMENT AND DISABILITY SYS- (C) In section 302 (sec. 5—543.02, D.C. Offi- TEM.— cial Code)— 15 10 (1) SALARY INCREASES FOR PURPOSES OF (i) in subsection (a), by striking ‘‘the Sec- CERTAIN PENSIONS AND ALLOWANCES.—The retary of Treasury, in the case of the United 17 11 conversion of positions and members of the States Secret Service Uniformed Division,’’; United States Secret Service Uniformed Di- (ii) in subsection (b), by striking ‘‘the 19 12 vision to appropriate ranks in the salary United States Secret Service Uniformed Di- schedule set forth in this title and the vision or’’; and 22 13 amendments made by this title, and the ini- (iii) in subsection (e), by striking ‘‘the tial adjustments of rates of basic pay of United States Secret Service Uniformed Di- (ii) CREDITABLE SERVICE.—For the purposes those positions and individuals in accordance vision or’’. of this subsection, a member’s creditable with this title and the amendments made by (D) In section 303(a)(5) (sec. 5—543.03(a)(5), service is any police service in pay status this title, shall be treated as an increase of D.C. Official Code), by striking ‘‘the United with the United States Secret Service Uni- 2.50 percent in the salary of current members States Secret Service Uniformed Division formed Division, the United States Park Po- for purposes of section 3 of the Act entitled and’’. lice, or the District of Columbia Metropoli- ‘‘An Act to provide increased pensions for (E) In section 304(d)(1) (sec. 5—543.04(d)(1)), tan Police Department. widows and children of deceased members of by striking ‘‘the United States Secret Serv- (iii) STEP 13 CONVERSION MAXIMUM RATE.— the Police Department and the Fire Depart- ice Uniformed Division or’’. (I) IN GENERAL.—A member who, at the ment of the District of Columbia’’, approved (F) In section 305 (sec. 5—543.05, D.C. Offi- time of conversion, is in step 13 of any rank August 4, 1949 (sec. 5–744, D.C. Official Code) cial Code)— below Deputy Chief, is entitled to that rate and section 301 of the District of Columbia (i) by striking ‘‘the United States Secret of basic pay which is the greater of— Police and Firemen’s Salary Act of 1953 (sec. Service Uniformed Division,’’; and (aa) the rate of pay for step 13 under the 5–745, D.C. Official Code). (ii) by striking ‘‘or the Secretary of the new salary schedule; or (2) TREATMENT OF RETIREMENT BENEFITS Treasury,’’. (bb) the rate of pay for step 14 under the AND PENSIONS OF CURRENT AND FORMER MEM- (G) In section 501 (sec. 5—545.01, D.C. Offi- pay schedule in effect immediately before BERS.—Except as otherwise provided in this cial Code)— conversion. title, nothing in this title shall affect retire- (i) in subsection (a), by striking ‘‘and the (II) STEP 14 RATE.—Clause (iv) shall apply ment benefits and pensions of current mem- United States Secret Service Uniformed Di- to a member whose pay is set in accordance bers and former members who have retired vision’’; with subclause (I)(bb). under the District of Columbia Police and (ii) in subsection (c)(1)— (iv) ADJUSTMENT BASED ON FORMER RATE OF Firefighters’ Retirement and Disability Sys- (I) by striking ‘‘the United States Secret PAY.— tem. Service Uniformed Division and’’, and

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11800 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 (II) in the schedule set forth in such sub- (1) in section 5102(c)(5), by striking ‘‘the ‘‘(III) For purposes of subclause (I), costs section, by striking ‘‘United States Secret Executive Protective Service’’ and inserting for real properties leased by the Federal Gov- Service Uniformed Division’’; ‘‘the United States Secret Service Uniformed ernment shall include lease costs, including (iii) in subsection (c)(2), by striking ‘‘the Division’’; base and operating rent and any other rel- annual rates of basic compensation’’ and all (2) in section 5541(2)(iv)(II), by striking ‘‘a evant costs listed in subclause (II) not cov- that follows through ‘‘the Secretary of the member of the United States Secret Service ered in the lease contract. Treasury, and’’; Uniformed Division,’’; and ‘‘(iv) The aggregated estimated deferred (iv) in subsection (c)(5), by striking ‘‘offi- (3) in the table of chapters for subpart I of maintenance costs of all real property under cers and members of the United States Se- part III by adding at the end the following: the custody and control of all executive cret Service Uniformed Division or’’; ‘‘102. United States Secret Service agencies, set forth government-wide and by (v) in subsection (c)(6)(A), by striking ‘‘the Uniformed Division Personnel ..... 10201’’. agency, and for each at the constructed asset United States Secret Service Uniformed Di- SEC. 105. EFFECTIVE DATE. level and at the facility/installation level. vision or’’; and This title and the amendments made by ‘‘(v) For each surplus real property facil- (vi) in subsection (c)(7)(A), by striking this title shall take effect on the first day of ity/installation disposed of, an indication ‘‘the United States Secret Service Uniformed the first pay period which begins after the of— Division or’’. date of the enactment of this Act. ‘‘(I) its geographic location with address (H) In section 506 (sec. 5—545.06, D.C. Offi- and description; TITLE II—FEDERAL REAL PROPERTY cial Code), by striking ‘‘, the Secretary of ‘‘(II) its size, including square footage and DISPOSAL ENHANCEMENT the Treasury,’’. acreage; (3) Section 118 of the Treasury and General SEC. 201. SHORT TITLE. ‘‘(III) the date and method of disposal; and Government Appropriations Act, 1998, is This title may be cited as the ‘‘Federal ‘‘(IV) its estimated market value. amended by striking subsection (b) (sec. 5— Real Property Disposal Enhancement Act of ‘‘(vi) Such other information as the Ad- 561.01, D.C. Official Code). 2010’’. ministrator considers appropriate. (4) Section 905(a)(1) of the Law Enforce- SEC. 202. DUTIES OF THE GENERAL SERVICES AD- ‘‘(C) The congressional committees listed ment Pay Equity Act of 2000 (Public Law MINISTRATION AND EXECUTIVE in this subparagraph are as follows: 106—554; sec. 5–561.02(a)(1), D.C. Official Code) AGENCIES. ‘‘(i) The Committee on Oversight and Gov- is amended by striking ‘‘the Secretary of (a) IN GENERAL.—Section 524 of title 40, ernment Reform and the Committee on Treasury’’ and all that follows through United States Code, is amended to read as Transportation and Infrastructure of the ‘‘United States Secret Service Uniformed Di- follows: House of Representatives. vision, and’’. ‘‘§ 524. Duties of the General Services Admin- ‘‘(ii) The Committee on Homeland Security (5) Subsection (k)(2)(B) of the Policemen istration and executive agencies and Governmental Affairs and the Com- and Firemen’s Retirement and Disability ‘‘(a) DUTIES OF THE GENERAL SERVICES AD- mittee on Environment and Public Works of Act (sec. 5—716(b)(2), D.C. Official Code) is MINISTRATION.— the Senate. amended by inserting ‘‘, or, for a member ‘‘(1) GUIDANCE.—The Administrator shall ‘‘(3) ASSISTANCE.—The Administrator shall who was an officer or member of the United issue guidance for the development and im- assist executive agencies in the identifica- States Secret Service Uniformed Division, or plementation of agency real property plans. tion and disposal of excess real property. the United States Secret Service Division, 40 Such guidance shall include recommenda- ‘‘(b) DUTIES OF EXECUTIVE AGENCIES.— percent of the corresponding salary for step tions on— ‘‘(1) IN GENERAL.—Each executive agency 5 of the Officer rank in section 10203 of title ‘‘(A) how to identify excess properties; shall— 5, United States Code’’ after ‘‘member’s ‘‘(B) how to evaluate the costs and benefits ‘‘(A) maintain adequate inventory controls death’’. involved with disposing of real property; and accountability systems for property (6) Section 1 of the Act entitled ‘‘An Act to ‘‘(C) how to prioritize disposal decisions under its control; provide a 5-day week for officers and mem- based on agency missions and anticipated fu- ‘‘(B) continuously survey property under bers of the Metropolitan Police force, the ture need for holdings; and its control to identify excess property; United States Park Police force, and the ‘‘(D) how best to dispose of those prop- ‘‘(C) promptly report excess property to White House Police force, and for other pur- poses’’, approved August 15, 1950 (sec. 5—1304, erties identified as excess to the needs of the the Administrator; D.C. Official Code), is amended— agency. ‘‘(D) perform the care and handling of ex- (A) in subsection (a)(1)— ‘‘(2) ANNUAL REPORT.—(A) The Adminis- cess property; and (i) by inserting ‘‘and’’ before ‘‘the Sec- trator shall submit an annual report, for ‘‘(E) transfer or dispose of excess property retary of the Interior’’; and each of the first 5 years after 2010, to the as promptly as possible in accordance with (ii) by striking ‘‘, and the Secretary of the congressional committees listed in subpara- authority delegated and regulations pre- Treasury in the case of the United States Se- graph (C) based on data submitted from all scribed by the Administrator. cret Service Uniformed Division’’; executive agencies, detailing executive agen- ‘‘(2) SPECIFIC REQUIREMENTS WITH RESPECT (B) in subsection (a)(9)— cy efforts to reduce their real property as- TO REAL PROPERTY.—With respect to real (i) by inserting ‘‘or’’ before ‘‘the United sets and the additional information de- property, each executive agency shall— States Park Police force’’; and scribed in subparagraph (B). ‘‘(A) develop and implement a real prop- (ii) by striking ‘‘or the United States Se- ‘‘(B) The report shall contain the following erty plan in order to identify properties to cret Service Uniformed Division’’; information for the year covered by the re- declare as excess using the guidance issued (C) in subsection (b)— port: under subsection (a)(1); (i) by inserting ‘‘or’’ before ‘‘the Secretary ‘‘(i) The aggregated estimated market ‘‘(B) identify and categorize all real prop- of the Interior’’; and value and number of real property assets erty owned, leased, or otherwise managed by (ii) by striking ‘‘or the Secretary of the under the custody and control of all execu- the agency; Treasury,’’; tive agencies, set forth government-wide and ‘‘(C) establish adequate goals and incen- (D) in subsection (h)(3)(A), by striking ‘‘of by agency, and for each at the constructed tives that lead the agency to reduce excess the United States Secret Service Uniformed asset level and at the facility/installation real property in its inventory; and Division or’’; and level. ‘‘(D) when appropriate, use the authorities (E) in subsection (h)(3)(B), by striking ‘‘of ‘‘(ii) The aggregated estimated market in section 572(a)(2)(B) of this title in order to the United States Secret Service Uniformed value and number of surplus real property identify and prepare real property to be re- Division or’’. assets under the custody and control of all ported as excess. (7) Section 117(a) of the District of Colum- executive agencies, set forth government- ‘‘(3) ADDITIONAL REQUIREMENTS.—Each ex- bia Police and Firemen’s Salary Act Amend- wide and by agency, and for each at the con- ecutive agency, as far as practicable, shall— ments of 1972 (sec. 5—1305, D.C. Official Code) structed asset level and at the facility/instal- ‘‘(A) reassign property to another activity is amended— lation level. within the agency when the property is no (A) by striking ‘‘the Fire Department of ‘‘(iii)(I) The aggregated cost for maintain- longer required for the purposes of the appro- the District of Columbia,’’ and all that fol- ing all surplus real property under the cus- priation used to make the purchase; lows through ‘‘or the United States Park Po- tody and control of all executive agencies, ‘‘(B) transfer excess property under its con- lice force’’ and inserting ‘‘the Fire Depart- set forth government-wide and by agency, trol to other Federal agencies and to organi- ment of the District of Columbia, or the and for each at the constructed asset level zations specified in section 321(c)(2) of this United States Park Police force’’; and and at the facility/installation level. title; and (B) by striking ‘‘, the Secretary of the ‘‘(II) For purposes of subclause (I), costs for ‘‘(C) obtain excess properties from other Treasury,’’. real properties owned by the Federal Govern- Federal agencies to meet mission needs be- (c) TECHNICAL AND CONFORMING AMEND- ment shall include recurring maintenance fore acquiring non-Federal property.’’. MENTS TO THE UNITED STATES CODE.—Title 5 and repair costs, utilities, cleaning and jani- (b) CLERICAL AMENDMENT.—The item relat- of the United States Code is amended— torial costs, and roads and grounds expenses. ing to section 524 in the table of sections at

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 11801 the beginning of chapter 5 of such title is local governments and certain non-profit in- ‘‘(2) The proceeds described in this para- amended to read as follows: stitutions or organizations pursuant to this graph are proceeds under this chapter from— ‘‘524. Duties of the General Services Admin- section and sections 550 and 554 of this ‘‘(A) a transfer of excess personal property istration and executive agen- title.’’. to a Federal agency for agency use; or cies.’’. (d) REQUIREMENTS RELATED TO SALES OF ‘‘(B) a sale, lease, or other disposition of SEC. 203. ENHANCED AUTHORITIES WITH RE- REVERTED PROPERTY UNDER SECTION 554.— surplus personal property. GARD TO PREPARING PROPERTIES Section 554(f) of title 40, United States Code, ‘‘(3) Subject to regulations under this sub- TO BE REPORTED AS EXCESS. is amended— title, the expenses of the sale of personal Section 572(a)(2) of title 40, United States (1) by inserting ‘‘(1)’’ after ‘‘THIS SEC- property may be paid from the proceeds of Code, is amended— TION.—’’; and sale so that only the net proceeds are depos- (1) by redesignating subparagraphs (B) and (2) by adding at the end the following: ‘‘If ited in the Treasury. This paragraph applies (C) as subparagraphs (C) and (D), respec- the Secretary, in consultation with the Ad- whether proceeds are deposited as miscella- tively; and ministrator, recommends reversion of the neous receipts or to the credit of an appro- (2) by inserting after subparagraph (A) the property, the Administrator shall take con- priation as authorized by law.’’. following new subparagraph: trol of such property and, subject to para- SEC. 206. DEMONSTRATION AUTHORITY. ‘‘(B) ADDITIONAL AUTHORITY.—(i) From the graph (2), sell it at or above appraised fair (a) IN GENERAL.—Subchapter II of chapter 5 fund described in paragraph (1), subject to market value for cash and not by lease, ex- of title 40, United States Code, is amended by clause (iv), the Administrator may obligate change, leaseback arrangements, or service adding at the end the following new section: an amount to pay the direct and indirect agreements. ‘‘§ 530. Demonstration program of inapplica- costs related to identifying and preparing ‘‘(2) Prior to sale, the Administrator shall bility of certain requirements of law make such property available to State and properties to be reported excess by another ‘‘(a) AUTHORITY.—Effective for fiscal years local governments and certain non-profit in- agency. 2011 and 2012, the requirements of section stitutions or organizations pursuant to this ‘‘(ii) The General Services Administration 501(a) of the McKinney Vento Homeless As- section and sections 550 and 553 of this shall be reimbursed from the proceeds of the sistance Act (42 U.S.C. 11411(a)) shall not title.’’. sale of such properties for such costs. apply to eligible properties. ‘‘(iii) Net proceeds shall be dispersed pursu- SEC. 205. AGENCY RETENTION OF PROCEEDS. ‘‘(b) ELIGIBLE PROPERTIES.—A property is ant to section 571 of this title. The text of section 571 of title 40, United eligible for purposes of subsection (a) if it ‘‘(iv) The authority under clause (i) to obli- States Code, is amended to read as follows: meets both of the following requirements: gate funds to prepare properties to be re- ‘‘(a) PROCEEDS FROM TRANSFER OR SALE OF ‘‘(1) The property is selected for demolition ported excess does not include the authority REAL PROPERTY.—Net proceeds described in by an agency and is a Federal building or to convey such properties by use, sale, lease, subsection (d) shall be deposited into the ap- other Federal real property located on land exchange, or otherwise, including through propriate real property account of the agen- not determined to be excess, for which there leaseback arrangements or service agree- cy that had custody and accountability for is an ongoing Federal need, and not to be ments. the real property at the time the real prop- used in any lease, exchange, leaseback ar- ‘‘(v) Nothing in this subparagraph is in- erty is determined to be excess. Such funds rangement, or service agreement. tended to affect subparagraph (D).’’. shall be expended only for activities as de- ‘‘(2) The property is— SEC. 204. ENHANCED AUTHORITIES WITH RE- scribed in section 524(b) of this title and dis- ‘‘(A) located in an area to which the gen- GARD TO REVERTED REAL PROP- posal activities, including paying costs in- eral public is denied access in the interest of ERTY. curred by the General Services Administra- national security and where alternative ac- (a) AUTHORITY TO PAY EXPENSES RELATED tion for any disposal-related activity author- cess cannot be provided for the public with- TO REVERTED REAL PROPERTY.—Section ized by this title. Such funds may also be ex- out compromising national security; or 572(a)(2)(A) of title 40, United States Code, is pended by the agency for maintenance and ‘‘(B) the property is— amended by adding at the end the following: repairs of the agency’s real property nec- ‘‘(i) uninhabitable; ‘‘(iv) The direct and indirect costs associ- essary for its disposal or for the repair or al- ‘‘(ii) not a housing unit; and ated with the reversion, custody, and dis- teration of the agency’s other real property. ‘‘(iii) selected for demolition by an agency posal of reverted real property.’’. Such funds are available only to the extent because either— (b) REQUIREMENTS RELATED TO SALES OF and in the amounts provided in annual ap- ‘‘(I) the demolition is necessary to further REVERTED PROPERTY UNDER SECTION 550.— propriations Acts, except that such funds an identified Federal need for which funds Section 550(b)(1) of title 40, United States shall not be authorized for expenditure in an have been authorized and appropriated; or Code, is amended— appropriations Act for any repair or alter- ‘‘(II) the property poses risk to human (1) by inserting ‘‘(A)’’ after ‘‘(1) IN GEN- ation project that is subject to the require- health and safety or has become an attrac- ERAL.—’’; and ments of section 3307 of this title without a tive nuisance. (2) by adding at the end the following: ‘‘If prospectus submitted by the General Serv- ‘‘(c) LIMITATIONS.— the official, in consultation with the Admin- ices Administration and approved by the ‘‘(1) No property of the Department of Vet- istrator, recommends reversion of the prop- Committee on Transportation and Infra- erans Affairs may be considered an eligible erty, the Administrator shall take control of structure of the House of Representatives property for purposes of subsection (a). such property, and, subject to subparagraph and the Committee on Environment and ‘‘(2) With respect to an eligible property (B), sell it at or above appraised fair market Public Works of the Senate. described in subsection (b), the land under- value for cash and not by lease, exchange, ‘‘(b) EFFECT ON OTHER SECTIONS.—Nothing lying the property remains subject to all leaseback arrangements, or service agree- in this section is intended to affect section public benefit requirements and notifica- ments. 572(b), 573, or 574 of this title. tions for disposal. ‘‘(B) Prior to sale, the Administrator shall ‘‘(c) DISPOSAL AGENCY FOR REVERTED PROP- ‘‘(d) NOTIFICATION TO CONGRESS.—(1) A list make such property available to State and ERTY.—For the purposes of this section, for of each eligible property described in sub- local governments and certain non-profit in- any real property that reverts to the United section (b) that is demolished or scheduled stitutions or organizations pursuant to this States under sections 550, 553, and 554 of this for demolition, by date of demolition or pro- section and sections 553 and 554 of this title, the General Services Administration, jected demolition date, shall be sent to the title.’’. as the disposal agency, shall be treated as congressional committees listed in para- (c) REQUIREMENTS RELATED TO SALES OF the agency with custody and accountability graph (2) and published on the Web site of REVERTED PROPERTY UNDER SECTION 553.— for the real property at the time the real the General Services Administration bian- Section 553(e) of title 40, United States Code, property is determined to be excess. nually beginning 6 months after the date of is amended— ‘‘(d) NET PROCEEDS.—The net proceeds re- the enactment of this section. (1) by inserting ‘‘(1)’’ after ‘‘THIS SEC- ferred to in subsection (a) are proceeds under ‘‘(2) The congressional committees listed TION.—’’; and this chapter, less expenses of the transfer or in this paragraph are as follows: (2) by adding at the end the following: ‘‘If disposition as provided in section 572(a) of ‘‘(A) The Committee on Oversight and Gov- the Administrator determines that reversion this title, from a— ernment Reform and the Committee on of the property is necessary to enforce com- ‘‘(1) transfer of excess real property to a Transportation and Infrastructure of the pliance with the terms of the conveyance, Federal agency for agency use; or House of Representatives. the Administrator shall take control of such ‘‘(2) sale, lease, or other disposition of sur- ‘‘(B) The Committee on Homeland Security property and, subject to paragraph (2), sell it plus real property. and Governmental Affairs and the Com- at or above appraised fair market value for ‘‘(e) PROCEEDS FROM TRANSFER OR SALE OF mittee on Environment and Public Works of cash and not by lease, exchange, leaseback PERSONAL PROPERTY.—(1) Except as other- the Senate. arrangements, or service agreements. wise provided in this subchapter, proceeds ‘‘(e) RELATIONSHIP TO OTHER PROVISIONS OF ‘‘(2) Prior to sale, the Administrator shall described in paragraph (2) shall be deposited LAW.—Nothing in this section may be con- make such property available to State and in the Treasury as miscellaneous receipts. strued as interfering with the requirement

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11802 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 for the submission of a prospectus to Con- Pay-As-You-Go-Act of 2010, shall be deter- Every officer must hold a top secret gress as established by section 3307 of this mined by reference to the latest statement clearance and undergo a polygraph title or for all demolitions to be carried out titled ‘‘Budgetary Effects of PAYGO Legisla- exam. The Secret Service tells us that pursuant to section 527 of this title.’’. tion’’ for this Act, submitted for printing in staffing shortfalls have continued to (b) CLERICAL AMENDMENT.—The table of the Congressional Record by the Chairman of sections at the beginning of chapter 5 of title the House Budget Committee, provided that increase, despite new recruitment ini- 40, United States Code, is amended by insert- such statement has been submitted prior to tiatives, and these shortfalls result in ing after the item relating to section 529 the the vote on passage. the Division incurring overtime costs following new item: Amend the title so as to read: ‘‘An Act to that would not be required if it were at ‘‘530. Demonstration program of inapplica- transfer statutory entitlements to pay and full staffing. bility of certain requirements hours of work authorized by laws codified in This is an important bill that ulti- of law.’’. the District of Columbia Official Code for mately will build a better, more effec- SEC. 207. PUBLIC BENEFIT CONVEYANCES. current members of the United States Secret tive Uniformed Division. However, Nothing in this title or the amendments Service Uniformed Division from such laws there are costs associated with these made by this title shall be construed to mod- to the United States Code, and for other pur- ify preferences and priorities for public ben- poses.’’. improvements. CBO estimates that this legislation would increase direct spend- efit conveyances to State or local govern- The SPEAKER pro tempore. Pursu- ments or other eligible recipients as author- ing by $14 million over 10 years. Under ant to the rule, the gentlewoman from ized under section 550 of title 40, United House and statutory PAYGO rules, this the District of Columbia (Ms. NORTON) States Code, or other relevant law. direct spending must be offset—and and the gentleman from California (Mr. TITLE III—WAIVER OF RECOVERY OF CER- this bill is offset. The Oversight Com- BILBRAY) each will control 20 minutes. TAIN PAYMENTS UNDER DOD CIVILIAN mittee has identified an appropriate EMPLOYEES VOLUNTARY SEPARATION The Chair recognizes the gentle- set of costs associated with the Secret INCENTIVE PROGRAM woman from the District of Columbia. Service bill. The bill we are consid- SEC. 301. AUTHORITY FOR WAIVER OF RECOVERY GENERAL LEAVE OF CERTAIN PAYMENTS PRE- ering today will actually result in a VIOUSLY MADE UNDER DEPART- Ms. NORTON. Mr. Speaker, I ask small amount of net savings for the MENT OF DEFENSE CIVILIAN EM- unanimous consent that all Members government. The savings are captured PLOYEES VOLUNTARY SEPARATION may have 5 legislative days in which to in title II of the suspension amend- INCENTIVE PROGRAM. revise and extend their remarks. (a) AUTHORITY FOR WAIVER.—Subject to ment, which would add the text of H.R. subsection (c), the Secretary of Defense may The SPEAKER pro tempore. Is there 2495 to the Secret Service legislation. waive the requirement under subsection objection to the request of the gentle- H.R. 2495, or the Federal Real Prop- (f)(6)(B) of section 9902 of title 5, United woman from the District of Columbia? erty Disposal Enhancement Act, which States Code, for repayment to the Depart- There was no objection. is now title II of S. 1510, will make it ment of Defense of a voluntary separation Ms. NORTON. Mr. Speaker, I yield easier for Federal agencies to sell prop- incentive payment made under subsection myself such time as I may consume. (f)(1) of such section 9902 in the case of an erty that they no longer need. This ad- employee or former employee of the Depart- Mr. Speaker, I rise in support of S. dresses a longstanding concern of the ment of Defense described in subsection (b). 1510, the United States Secret Service Government Accountability Office, the (b) PERSONS COVERED.—Subsection (a) ap- Uniformed Division Modernization Act Oversight Committee, as well as both plies to any employee or former employee of of 2010. The bill was introduced by Sen- the Bush and Obama administrations. the Department of Defense— ator JOSEPH LIEBERMAN. It passed the H.R. 2495 was introduced by Rep- (1) who during the period beginning on Senate by unanimous consent on Octo- resentative DENNIS MOORE of Kansas on April 1, 2004, and ending on March 1, 2008, re- ber 13, 2009. S. 1510 makes a long over- ceived a voluntary separation incentive pay- May 19, 2009. It enjoys bipartisan sup- ment under subsection (f)(1) of section 9902 of due change by transferring the per- port, as similar legislation did in the title 5, United States Code; sonnel and pay authorities for the Se- last Congress. The Oversight Com- (2) who was reappointed to a position in cret Service’s Uniformed Division from mittee approved a similar bill in the the Department of Defense during the period the District of Columbia Code to the 110th Congress, and it also passed by beginning on June 1, 2004, and ending on May United States Code. The bill creates a voice vote when it reached the House 1, 2008; and new salary table for the Uniformed Di- floor. (3) who, as determined by the Secretary of vision and also provides the Secret Lastly, in addition to strengthening Defense— Service with enhanced hiring flexibili- the Secret Service and enhancing gov- (A) before accepting the reappointment re- ferred to in paragraph (2), received a written ties. ernment efficiency, this legislation representation from an officer or employee S. 1510 deals specifically with the Se- would correct an injustice for approxi- of the Department of Defense that recovery cret Service’s Uniformed Division. mately 40 individuals who returned to of the amount of the payment referred to in There are approximately 1,300 Uni- government service after September 11. paragraph (1) would not be required or would formed Division law enforcement offi- The provisions in title III authorize the be waived, and cers who help protect the President, Secretary of Defense to retroactively (B) reasonably relied on that representa- the White House, foreign dignitaries, waive repayment of voluntary separa- tion in accepting reappointment. (c) REQUIRED DETERMINATION.—The Sec- and mission offices. The Uniformed Di- tion pay for certain individuals who retary of Defense may grant a waiver under vision helps provide protective ar- were reemployed in temporary posi- subsection (a) in the case of any individual rangements for the President and other tions by DOD to help respond to ter- only if the Secretary determines that recov- foreign dignitaries at venues around rorist attacks. Before accepting reem- ery of the amount of the payment referred to the world. The measure in S. 1510 was ployment, these individuals were as- in that subsection would be against equity endorsed by the Bush and Obama ad- sured in writing that they would not be and good conscience or would be contrary to ministrations to respond to ongoing required to repay their separation pay. the best interests of the United States. (d) REFUND.—At the discretion of the Sec- concerns about recruitment and reten- In making these assurances, the DOD retary of Defense, a person who has repaid to tion within the UD. components were apparently following the United States all or part of the vol- According to the Secret Service, the guidance from the Office of Personnel untary separation incentive payment for Uniformed Division is currently oper- Management on filling emergency posi- which repayment is waived under this sec- ating under a salary schedule that is tions. Unfortunately, this guidance was tion may receive a refund of the amount pre- out of parity with other Federal police not applicable to DOD at that time, viously repaid to the United States. The Sec- forces. It performs similar protective and DOD lawyers have determined they retary may use funds authorized to be appro- priated for civilian personnel for fiscal year tasks as Federal police forces but has do not currently have the authority to 2011 or any year thereafter. the additional duties and responsibility retroactively waive the repayment re- TITLE IV—PAYGO COMPLIANCE of frequent travel in support of the quirement. As a result, even though SEC. 401. PAYGO COMPLIANCE. Service’s protective mission. In addi- these individuals received written as- The budgetary effects of this Act, for the tion, the Uniformed Division has surances that they would not be re- purpose of complying with the Statutory stricter suitability requirements. quired to repay, the Department has

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 11803 since taken steps to collect the pay- Mr. BILBRAY. Mr. Speaker, I yield being that of the American people as a ments for these individuals. This is an myself such time as I may consume. general welfare issue and that we will injustice created by bureaucratic error Mr. Speaker, I compliment the au- look at how best to be able to pay our and needs to be corrected. This bill pro- thor of this bill. It is one where prior- bills with the resources we can gen- vides the Secretary of Defense with the ities are being made. It may be small erate by liquidating unneeded assets. discretionary authority he needs to in the bigger picture, but at least the Mr. Speaker, I think that Mr. waive the repayment requirement for priority is being made. Right now, CHAFFETZ of Utah just 2 weeks ago these individuals. we’re talking about that we have a brought up a bill that looked a lot like I want to thank Representative HANK need in this country to help enhance this. I know this body did not support JOHNSON and the Armed Services Com- the compensation for some very crit- his bill to go after and try to create mittee for their work and support on ical public servants—not just us per- that $18 billion fund for the American title III of this legislation. sonally, but for the country at large. people, but I think this bill gives us I encourage all Members to support The fact is, this bill will create a $15 something we can work with, following the good government efforts in this million savings by looking at surplus the leadership of the gentleman from legislation. These efforts will strength- property that the taxpayers not only Utah, and that is, Let’s take a look en the Secret Service, enhance govern- own but have to maintain at this time. like any family is doing today—what ment efficiency, and correct an injus- Sadly, Mr. Speaker, that $15 million is do we own that we do not think we can tice for civilian DOD employees. a drop in the bucket of what we could use, and how do we liquidate that so we HOUSE OF REPRESENTATIVES, be doing. As the Office of Management can get the resources and the funds HOUSE COMMITTEE ON ARMED SERVICES, and Budget estimated, the Federal that we desperately need to pay our Washington, DC, June 28, 2010. Government has $18 billion worth of bills? Hon. EDOLPHUS TOWNS, real property it does not need, and So at this time I would again encour- Chairman, Committee on Oversight and Govern- rather than selling this property or age my colleagues to join with us in ment, House of Representatives, Rayburn marketing it, we usually give it away passing this bill. House Office Building, Washington, DC. I yield back the balance of my time. DEAR CHAIRMAN TOWNS: I am writing to one way or the other to local govern- you concerning S. 1510, the United States Se- ments, States, or nonprofits, rather b 1500 cret Service Uniformed Division Moderniza- than getting the fair market value. Ms. NORTON. Mr. Speaker, I yield tion Act. There are certain provisions in the I know historically we have always such time as he may consume to the legislation which fall within the Rule X ju- taken this attitude of, if the Federal gentleman from Illinois (Mr. DAVIS). risdiction of the Committee on Armed Serv- Government can’t use it, let’s give it to ices. Mr. DAVIS of Illinois. I, first of all, In the interest of permitting your com- somebody else. But I think we all agree want to thank the gentlewoman from mittee to proceed expeditiously to floor con- with the budget crisis the way it is, we the District of Columbia for yielding. sideration of this important resolution, I am need to rethink those priorities and Mr. Speaker, I rise to support the willing to waive this committee’s right to ju- make sure that we recognize that the United States Secret Service Uniform risdiction. I do so with the understanding Federal Government is not in the posi- Division Modernization Act, but I also that by waiving consideration of the resolu- tion of giving their largesse out to rise today to congratulate the Chicago tion, the Committee on Armed Services does other governments or nonprofits. Blackhawks on their Stanley Cup win not waive any future jurisdictional claim I have to remind all of us that this over the Philadelphia Flyers. As every over the subject matters contained in the bill does make that priority decision. bill which fall within its Rule X jurisdiction. sports fan in Chicago knows, the Please place this letter into the committee Instead of issuing it to other govern- Hawks are proud to share the United report on S. 1510 and into the Congressional ments or to nonprofits, it says we need Center which is in the heart of my dis- Record during consideration of the measure the money within the Federal family, trict with that other historic team on the House floor. Thank you for the coop- and thus we will liquidate this asset known as the Bulls. Mr. Speaker, as erative spirit in which you have worked re- and create the revenue so we can spend my daddy used to say: ‘‘Life is 95 per- garding this matter and others between our it at another location which is a higher cent anticipation.’’ Or to use the words respective committees. priority. Very truly yours, of the great American balladeer Bruce I join in supporting this bill. I think IKE SKELTON, Springsteen: ‘‘It’s been a long time Chairman. that it sets an example that we should comin’, my dear. It’s been a long time all be looking at, and that is: As we comin’, but now it’s here.’’ HOUSE OF REPRESENTATIVES, COM- take this step, the question will be, If Hockey doesn’t always get its due MITTEE ON OVERSIGHT AND GOV- $15 million is a good idea, where do we share of attention in many parts of ERNMENT REFORM, go when we’re looking at the $18 billion America, but some of the most memo- Washington, DC, June 28, 2010. that is out there? I think most of us on rable moments in sports are found in Hon. IKE SKELTON, Government Oversight, especially on hockey. Mr. Speaker, who doesn’t Chairman, Committee on Armed Services, Ray- burn House Office Building, Washington, the subcommittee that I have the know of the ‘‘Miracle on Ice’’ during DC. privilege of being the ranking member the 1980 Winter Olympics at Lake Plac- DEAR MR. CHAIRMAN: Thank you for your on, Organization and Procurement, not id, New York, where Team USA de- letter regarding S. 1510, the United States only have a right, but a responsibility, feated the Soviet team which was con- Secret Service Uniformed Division Mod- to take a look at where else do we have sidered the best in the world. Well, Mr. ernization Act. resources that are not being tapped for Speaker, this year’s Stanley Cup win- I appreciate your willingness to work coop- the American people. Where else eratively on this legislation and I recognize ner, the Chicago Blackhawks, were like that the Oversight Committee’s floor amend- should we be liquidating our real estate Team USA, the underdogs, the David ment to this bill contains provisions that and putting it back into the private to the Goliaths of Philadelphia. We fall within the jurisdiction of the Committee market and allowing it to do the magic weren’t the fastest or the highest-scor- on Armed Services. I agree that your inac- that the private sector has done for ing team. But what we had was grit, tion with respect to this bill does not preju- this country for so long? And how drive, courage, determination, and vi- dice the House Armed Services Committee’s much longer will we horde this real es- sion to go with the fired-up fan base. interests and prerogatives regarding this bill tate when we do not have a foreseen or This is the first Stanley Cup win for or similar legislation. the Blackhawks since 1961. The I will ensure that our exchange of letters is foreseeable use for it? included in the Congressional Record during Mr. Speaker, I join in not only pro- Blackhawks’ recent victory has in- consideration on the House Floor of S. 1510. viding the resources to be able to pay spired all of Chicago and aroused fans Sincerely, our men and women who protect us of the team to a fever pitch. Chicago is EDOLPHUS TOWNS, every day, but I also join in a policy red and black all over. The Hawks Chairman. that says we will now look at the re- dominated because of their persever- I reserve the balance of my time. sources of the American people as ance, hard work, and dedication to the

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11804 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 sport. Johann Gottfried Herder once Ms. NORTON. Mr. Speaker, in clos- Service located at 151 North Maitland said, ‘‘What destiny sends, bear. What- ing, I would like to reiterate my strong Avenue in Maitland, Florida, as the ever perseveres will be crowned.’’ The support for S. 1510, as amended. The Paula Hawkins Post Office Building. Blackhawks have persevered and have bill is PAYGO-neutral. It makes impor- H.R. 5395 was introduced by our col- been rightly crowned. tant improvements that will strength- league, the gentleman from Florida, I congratulate the Blackhawks’ head en the Secret Service. It improves gov- Representative JOHN MICA, on May 25, coach Joel Quenneville for giving his ernment efficiency and helps a handful 2010. It was referred to the Committee team direction and instilling the deter- of DOD civilian employees who have on Oversight and Government Reform mination necessary to achieve this been wronged. I encourage all Members which waived consideration of the well-deserved victory. And while hand- to support this bill. measure to expedite its consideration ing out congratulations, let us not for- I yield back the balance of my time. on the floor today. It enjoys the sup- get the Blackhawks’ team captain Jon- The SPEAKER pro tempore. The port of the entire Florida delegation. athan Toews. The youngest Mr. Toews question is on the motion offered by Paula Hawkins was a Republican possesses superior leadership skills and the gentlewoman from the District of Member of Congress who served a sin- ability and was able to guide his team Columbia (Ms. NORTON) that the House gle term as a Senator from Florida, through to victory. suspend the rules and pass the bill, S. fighting to protect children and blazing So I thank, again, the gentlewoman 1510, as amended. a trail for women. Paula Hawkins was from the District of Columbia for The question was taken; and (two- born on January 24, 1927, in Salt Lake yielding. I was rushing hard to try to thirds being in the affirmative) the City and passed away on December 3, get here before this ended because I rules were suspended and the bill, as 2009, at the age of 82. Paula Hawkins am, indeed, proud to represent the amended, was passed. was the eldest of three children born to world-famous, world-known, world-re- A motion to reconsider was laid on Paul, a naval chief warrant officer, and nowned Chicago Blackhawks who make the table. Leone Fickes. In 1934, the family up a part of the heart and the spirit of f moved to Atlanta, where her father the congressional district that I have taught at Georgia Tech. Her parents PAULA HAWKINS POST OFFICE the good fortune to represent. split when Paula was in high school, BUILDING Mr. JOHNSON of Georgia. Mr. Speaker, I and Leone and the children returned to rise today to express my support for S. 1510, Ms. NORTON. Mr. Speaker, I move to Utah. She finished high school at Rich- the United States Secret Service Uniformed suspend the rules and pass the bill mond, Utah, in 1944, then enrolled at Division Modernization Act. I support the un- (H.R. 5395) to designate the facility of Utah State University. On September derlying bill but I want to highlight language the United States Postal Service lo- 5, 1947, Paula Fickes and Walter Eu- that would allow the Department of Defense to cated at 151 North Maitland Avenue in gene Hawkins were married and moved waive, on a case by case basis, repayment of Maitland, Florida, as the ‘‘Paula Haw- to Atlanta. The couple had three chil- Voluntary Separation Pay for certain individ- kins Post Office Building’’. dren before moving to Winter Park, uals. I worked on this issue during the Na- The Clerk read the title of the bill. Florida, in 1955, where Paula Hawkins tional Defense Authorization Act markup and The text of the bill is as follows: became a community activist and Re- am pleased that the House will approve this H.R. 5395 publican volunteer. important language within this bill. Many individuals, who had voluntarily re- Be it enacted by the Senate and House of Rep- Ms. Hawkins was the first woman resentatives of the United States of America in elected to a full Senate term without tired, responded to their country’s call and re- Congress assembled, turned to service at DOD following 9/11, and being preceded in politics by a husband SECTION 1. PAULA HAWKINS POST OFFICE or father. She was also the first woman several more returned following Hurricane BUILDING. Katrina. According to the House Armed Serv- to be a Senator from Florida. While in (a) DESIGNATION.—The facility of the the Senate, she was the leading sponsor ices Committee, an estimated 22 individuals United States Postal Service located at 151 would benefit from this language in my home North Maitland Avenue in Maitland, Florida, of the Missing Children’s Act of 1982, State of Georgia, and an estimated 40 individ- shall be known and designated as the ‘‘Paula which requires the Federal Bureau of uals would benefit across the nation. Hawkins Post Office Building’’. Investigation to enter descriptive in- Current law allows the Department of De- (b) REFERENCES.—Any reference in a law, formation on missing children into a fense to offer voluntary separation incentive map, regulation, document, paper, or other national computer database that can pay for individuals to voluntarily retire. If an record of the United States to the facility re- be used by law enforcement agencies ferred to in subsection (a) shall be deemed to employee receives this separation pay and re- across the country. be a reference to the Paula Hawkins Post Of- With incredible courage, she shocked turns to federal service within 5 years, the in- fice Building. her colleagues by disclosing in a con- dividual must repay the amount received—un- The SPEAKER pro tempore. Pursu- less the individual is considered to be the only gressional hearing that she had been ant to the rule, the gentlewoman from qualified applicant available for the position. molested as a child by a neighbor. Be- the District of Columbia (Ms. NORTON) Before being rehired, these individuals were sides her daughter Genean and her hus- and the gentleman from Florida (Mr. assured that they would not have to repay the band, both of Winter Park, her sur- MICA) each will control 20 minutes. VSIP—because their country needed them. vivors include another daughter, Kelly The Chair recognizes the gentle- This language provides short-term, limited au- McCoy, also of Winter Park; a son, woman from the District of Columbia. thority to the Secretary of Defense to waive on Kevin, of Denver; a sister, Carole a case-by-case basis repayment of the sepa- GENERAL LEAVE Fickes of Sacramento; 11 grand- ration pay. Ms. NORTON. Mr. Speaker, I ask children; and 10 great grandchildren. This limited, case-by-case waiver authority, unanimous consent that all Members Paula Hawkins was truly an inspira- meets the objectives of the Civilian Human may have 5 legislative days in which to tion to Members of Congress and to Resources Strategic Plan to: ‘‘provide effective revise and extend their remarks. women everywhere. I therefore urge policies and programs related to stability of The SPEAKER pro tempore. Is there my colleagues to join me in supporting employment that support management’s ability objection to the request of the gentle- this measure. to restructure organizations while retaining woman from the District of Columbia? I reserve the balance of my time. needed skills of affected employees and ac- There was no objection. Mr. MICA. Mr. Speaker, I yield my- commodating their needs in an efficient and Ms. NORTON. Mr. Speaker, I yield self such time as I may consume. humane manner.’’ myself such time as I may consume. Mr. Speaker, I am very pleased that Passage of this bill, with this language, will On behalf of the Committee on Over- Ms. NORTON, the gentlelady from the ensure that those heroic Americans, who re- sight and Government Reform, I am District of Columbia, is here today. sponded to their country’s call to duty, are not pleased to present H.R. 5395 for consid- She chairs one of the important sub- penalized. I urge my colleagues to support this eration. This measure designates the committees of Oversight and Govern- bill. facility of the United States Postal ment Reform. It’s been my honor to

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So on the Maitland Post Of- have served with the two of those indi- cotics. fice will be a plaque dedicating that viduals, both Paula Hawkins and ELEA- Now, some people who get involved in building and that postal facility to the NOR NORTON. There are many similar- committee work make their mark. memory of a great American leader, ities. They are very determined Paula Hawkins set the mark. She former United States Senator Paula women, very accomplished women, and passed, as everyone knows in the coun- Hawkins. women who love the people they rep- try, the national missing children’s I reserve the balance of my time. resent and do a great service for them. legislation. She knew that missing and Ms. NORTON. I thank the gentleman I had the distinction of being the exploited children were a national from Florida for his kind and generous chief of staff for Senator Hawkins from problem, but not a national priority. I comparison of my service with that of 1980 to 1985. Before that, I knew her in remember when she said, It’s amazing Paula Hawkins. She was much admired Florida in the community of Maitland. that an automobile, a refrigerator can for the breakthroughs that her service I lived in Maitland Shores. She lived be quickly identified by our law en- represented. down the street in the city of Maitland. forcement folks but missing children I have no further requests for time, Paula Hawkins was a wonderful lady, a could not. So she set up the mechanism and I reserve the balance of my time. great human being, a patriot, and she that long survives her in a national Mr. MICA. I yield myself the balance really broke a number of the glass ceil- missing children’s center that Presi- of my time. ings and barriers for women. dent Reagan opened on June 13, 1984. Again, I am pleased that Ms. NORTON I might say, among her accomplish- would be here today and honor the 1515 ments, she was the first woman elected b memory of my friend. I had the oppor- statewide in the history of the State of There are many accomplishments tunity, as I say, to have worked with Florida, and she did that on her own. too, and I’m anxious for this legisla- Senator Hawkins, both as she built the She started, actually, in her commu- tion to be heard in the other body. Florida Republican Party from pre- nity, working on some local issues, and Simple things like there wasn’t a Sen- cinct to the State level, as she built she took those local issues to her fel- ate daycare center, and that daycare her reputation and service to not only low citizens at city hall. She had their center is still operating today. So not the community of Maitland, of Winter voices heard. And she wasn’t elected to just Members of the Senate—and many Park, central Florida, Florida, the any position, just an active community of them are far beyond the age of hav- State, and the Nation, but it is fitting leader. From that, she ran unsuccess- ing children eligible for daycare—but that we do take this step today to fully for the State legislature. But there are many hundreds of employees name this structure in her honor, a when people saw her talent, they knew and staff who do have young children, small token of our appreciation for her that this individual was a fighter for and Paula Hawkins saw that their dedication, her service, her patriotism. the people. needs were taken care of. Just a small In closing, let me just say that the In fact, she gained the reputation thing. gentlelady from the District of Colum- when she got elected statewide to the There’s dramatic legislation. Most bia probably knows some about my first office as the ‘‘fighting housewife,’’ people would never know today, almost traits. But I have to tell her, in clos- ‘‘the Maitland housewife.’’ She was all of the labor legislation—she was on ing, that the one thing I learned from known affectionately as ‘‘the Fighting the Labor Committee in the Senate. Senator Paula Hawkins is persistence. Maitland housewife’’ during her entire But it was interesting to watch her be- It beats power. It beats position. It lifetime, even when she was a Member cause, being a male and, you know, beats wealth. It beats all the cards that of the United States Senate because sometimes men think a little bit dif- may be dealt to you in a positive or she fought for the people in her com- ferently than women. You don’t think negative fashion. But persistence, and I munity, and she didn’t take any hos- of all the problems that women have. think the gentlelady knows what I tages. She represented them well. She And at that point in life, she became mean, that I am a persistent person, had her principles, and she had her phi- their champion. and now she knows the rest of the losophy. She never wavered. I think So the labor laws in this country story as to where that persistence her personal morality—she is a mem- even today reflect her influence, simple came. And it was from the lady we ber of the Church of Latter-day Saints, things like trying to make certain that honor here today, Senator Paula Haw- a Mormon, strong in her beliefs, strong a single woman had some way to get to kins. in her philosophy, and I think that was work, some simple way to care for the I yield back the balance of my time. also a guiding light for Paula Hawkins. child, some consideration for the spe- Mr. LINCOLN DIAZ-BALART of Florida. Mr. Along her side during that entire cial concerns and needs of women who Speaker, today, I rise in support of legislation journey was a wonderful individual, want to be productive in our society. to honor Senator Paula Hawkins by desig- Gene Hawkins. Gene survived her. She And even the laws today have the mark nating the facility of the United States Postal passed away, as Ms. NORTON said, De- of a great United States Senator. Service located at 151 North Maitland Avenue cember 3 of last year, but her memory So, today I know many people are fo- in Maitland, Florida, as the ‘‘Paula Hawkins and her achievements do live on. Not cused on the death and loss of Senator Post Office Building.’’ only, as you heard Ms. NORTON de- BYRD, and many of us who got to know Senator Hawkins was born in Salt Lake scribe, was she elected statewide in the him mourn his loss and his many con- City, Utah on January 24th, 1927 where she State of Florida, but also was the first tributions. Paula Hawkins wasn’t here attended Utah State University. In 1947 she United States female Senator in her as many terms as Senator BYRD. He moved with her husband to Atlanta, Georgia, own right—no family member preceded was here for nearly half a century. before finally relocating to Winter Park, Flor- her—and that was quite an accomplish- Paula Hawkins was here for only one ida, in 1955 where she became active in local ment. We think that now, some 30 term, but her deeds and her good works politics. years ago; but it was an accomplish- prevail even to this day. In 1972, she became the first woman elect- ment even in 1980 when she achieved it. So to her husband, Gene, to her ed to statewide office in Florida by winning a When she came to Congress, she set daughters, Genean and to Kelly and to seat on the Florida Public Service Commis- her path, and she had her priorities, Kevin, her son, we’re excited about sion. After years of hard work and dedication, and one of those priorities were our having in their community, in Paula’s she ran for the U.S. Senate in 1980 and won,

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0688 Sfmt 9920 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11806 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 becoming the first woman to be elected to the RECESS thank Colonel Ed Jackson, Commander U.S. Senate with no previous familial ties to The SPEAKER pro tempore. Pursu- of the Little Rock District of the U.S. the institution. ant to clause 12(a) of rule I, the Chair Army Corps of Engineers, for his serv- Serving a 6-year term in the Senate, Sen- declares the House in recess subject to ice, especially his last 3 years in Little ator Hawkins worked hard to defend abused the call of the Chair. Rock. children, fought drugs, championed stay-at- Accordingly (at 3 o’clock and 22 min- Colonel Jackson has provided for- home mothers and fought for freedom across utes p.m.), the House stood in recess ward-thinking and visionary leadership the globe. Her signature pieces of legislation subject to the call of the Chair. for an organization with a complex were the Missing Children’s Assistance Act mission. This mission includes the and the creation of the National Center for f planning and management of civil Missing and Exploited Children. b 1806 works projects ranging from naviga- We lost Senator Paula Hawkins this past tion, flood control, and hydroelectric AFTER RECESS December. On behalf of the Florida delega- power to recreation, water supply, en- tion, I would like to express my condolences The recess having expired, the House vironmental protection, and fish and to her family and friends. For her contributions was called to order by the Speaker pro wildlife mitigation. as a Senator and her hard work for the State tempore (Mr. MURPHY of New York) at Most importantly, during Colonel of Florida and the Nation, I rise in remem- 6 o’clock and 6 minutes p.m. Jackson’s time at Little Rock, his brance of the late Senator Paula Hawkins and f team members have provided vital sup- also to express my support for this legislation port to our warfighters deployed on the in her honor. HOUR OF MEETING ON TOMORROW front lines in Afghanistan and Iraq. Ms. NORTON. Mr. Speaker, I can Mr. OBEY. Mr. Speaker, I ask unani- Colonel Jackson has firsthand experi- only say that the gentleman from Flor- mous consent that when the House ad- ence with the dangers confronted by ida learned all too well the lessons of journs today, it adjourn to meet at 9:30 our soldiers, sailors, airmen, and ma- persistence from Senator Paula Haw- a.m. tomorrow for morning-hour de- rines, because he commanded the 54th kins. And may I say, as well, whenever bate and 10:30 a.m. for legislative busi- Engineer Battalion during a year-long the gentleman from Florida is right in ness. deployment in support of Operation his persistence, he will find the gentle- The SPEAKER pro tempore. Is there Iraqi Freedom. woman from the District of Columbia objection to the request of the gen- Colonel Jackson’s time at Little right there beside him and in his cor- tleman from Wisconsin? Rock has included several serious chal- ner. There was no objection. lenges. The district has worked to re- Mr. Speaker, I again urge my col- f duce flood damage and repair public in- leagues to join me in supporting this frastructure affected by serious natural measure. COMMUNICATION FROM THE disasters and the effects of age. The I yield back the balance of my time. CLERK OF THE HOUSE district has strengthened its partner- The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- ship with the Tulsa District in the question is on the motion offered by fore the House the following commu- management and improvement of the the gentlewoman from the District of nication from the Clerk of the House of Arkansas River Navigation System, a Columbia (Ms. NORTON) that the House Representatives: vital transportation corridor of na- suspend the rules and pass the bill, OFFICE OF THE CLERK, tional economic significance. H.R. 5395. HOUSE OF REPRESENTATIVES, Finally, the district is carrying out The question was taken. Washington, DC, June 28, 2010. an aggressive plan to ensure that nu- The SPEAKER pro tempore. In the Hon. NANCY PELOSI, merous projects to provide jobs and en- opinion of the Chair, two-thirds being The Speaker, U.S. Capitol, House of Representa- courage economic development are car- in the affirmative, the ayes have it. tives, Washington, DC. ried out as quickly as possible in part- DEAR MADAM SPEAKER: Pursuant to the Ms. NORTON. Mr. Speaker, on that I nership with State and local sponsors. permission granted in Clause 2(h) of Rule II All of this is thanks to the steadfast demand the yeas and nays. of the Rules of the U.S. House of Representa- The yeas and nays were ordered. tives, the Clerk received the following mes- and reliable leadership of Colonel Jack- The SPEAKER pro tempore. Pursu- sage from the Secretary of the Senate on son. ant to clause 8 of rule XX and the June 28, 2010 at 5:50 p.m.: The colonel has also made improved Chair’s prior announcement, further That the Senate agreed to S. Res. 568. communication with the public a high proceedings on this motion will be With best wishes, I am priority, reflecting his understanding postponed. Sincerely, that we must be helpful and available LORRAINE C. MILLER. to citizens as well as elected leaders, f f including State and local officials. Fol- lowing floods in early 2008, the colonel COMMUNICATION FROM THE SPECIAL ORDERS CLERK OF THE HOUSE recognized that the district needed to The SPEAKER pro tempore. Under improve communication and coordina- The SPEAKER pro tempore laid be- the Speaker’s announced policy of Jan- tion with local first responders, and fore the House the following commu- uary 6, 2009, and under a previous order the colonel implemented regularly nication from the Clerk of the House of of the House, the following Members scheduled meetings to ensure disaster Representatives: will be recognized for 5 minutes each. preparedness will be a higher priority HOUSE OF REPRESENTATIVES, f moving forward. OFFICE OF THE CLERK, As Colonel Jackson leaves the Little Washington, DC, June 28, 2010. RECOGNIZING THE SERVICE OF Hon. NANCY PELOSI, Rock District, he leaves behind a COLONEL ED JACKSON, COM- united civilian leadership team, high The Speaker, House of Representatives, MANDER OF THE LITTLE ROCK Washington, DC. morale among the district team lead- DISTRICT OF THE U.S. ARMY DEAR MADAM SPEAKER: Pursuant to the ers, a legacy focusing on and respond- permission granted in Clause 2(h) of Rule II CORPS OF ENGINEERS ing to the concerns of citizens and of the Rules of the U.S. House of Representa- The SPEAKER pro tempore. Under a stakeholders alike. For the many suc- tives, the Clerk received the following mes- previous order of the House, the gen- cesses which his team have accom- sage from the Secretary of the Senate on tleman from Arkansas (Mr. BOOZMAN) June 28, 2010 at 9:26 a.m.: plished, they can be very, very proud. That the Senate passed S. 3104. is recognized for 5 minutes. As Colonel Jackson moves on to his With best wishes, I am Mr. BOOZMAN. Mr. Speaker, as the next assignment, I am confident that Sincerely, ranking member on the Subcommittee he will continue to render honorable LORRAINE C. MILLER. on Water Resources, I rise today to and exemplary service to our country.

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 11807 RECLAIMING THE MIDDLE tell her that he was worried about her Thank him for having the guts GROUND ON GUN OWNERSHIP son. He was concerned that her son was To be a United States Marine. Mr. Speaker, America cannot repay (Mr. QUIGLEY asked and was given headed down a bad path, and he wanted the debt we owe Garrett Gamble. But permission to address the House for 1 her to know. Garrett never told his we can say thank you for his selfless minute.) mom that he did that, but it made a difference in the life of another young commitment to serve our Nation and Mr. QUIGLEY. Mr. Speaker, today thank you to his family for raising the Supreme Court affirmed sensible man. How many times have each of us had such a strong, wonderful Marine. Lance restrictions on gun ownership are con- Corporal Garrett Gamble is a true stitutional. When the Supreme Court an opportunity to make a difference? Do we always seize that opportunity? American hero—an ordinary American struck down Chicago’s gun ban earlier who did extraordinary things with a today, it reiterated that communities Garrett Gamble not only acted on those opportunities, but touched the short life. A grateful Nation says can keep guns away from schools and thank you, Semper Fi, and God bless. out of the hands of felons and terror- lives of everyone around him. ists. But, today, the gun show loophole This is posted on a Facebook page f makes a mockery of sensible prohibi- dedicated to Garrett and speaks to his FUTURE OF AMERICAN SPACE tions like these. character. ‘‘Whether in Sugar Land, EXPLORATION Jacksonville, or Helmand, Lance Cor- As the recent Pentagon shooting il- The SPEAKER pro tempore. Under poral Garrett W. Gamble approached lustrates, terrorists can still easily the Speaker’s announced policy of Jan- life with enthusiasm. He was caring, gain access to firearms. A recent gun uary 6, 2009, the gentleman from Utah kind, and fun to be around, but he took show audit conducted revealed that 74 (Mr. BISHOP) is recognized for 60 min- his job as a U.S. Marine very seriously. percent of sellers approached by inves- utes as the designee of the minority ‘‘Garrett spent a lot of time ‘outside tigators completed sales to people who leader. appeared to be criminals or straw pur- the wire,’ and yesterday, that’s where Mr. BISHOP of Utah. I appreciate the chasers. This is unacceptable. It is he laid down his life so that we may opportunity of being here this morning time to close the gun show loophole. live in liberty. Thank you, Garrett, for on one of the days when obviously our Today’s decision puts to rest the the precious gift of freedom. May you time management skills are not per- tired argument that any sensible gun rest in peace with our Lord, and may haps the greatest, but it still is none- control restriction is a slippery slope God’s angels surround your family theless an opportunity to speak on this toward the revocation of all gun-own- until you are reunited. Sincerely, Pat.’’ floor before you, Mr. Speaker, on a cou- ing rights. There has never been a bet- I’d like to close by reading a poem ple of issues that are significant. I ap- ter time for this Congress to reclaim that Garrett’s family and friends say preciate also that I will be joined by the middle ground and stop giving ter- epitomizes who he was. It’s called ‘‘Ode my good friend from Texas, who just rorists unlimited access to unlimited to a Marine, Dedicated to all Marines, spoke so eloquently about one of those firepower. Past and Present.’’ It’s by Jeannie who has given his all for all of us and Salinski. f how grateful we are for this family and In a crowd you’re bound to spot him, this particular individual. b 1815 He’s standing so very tall I think we’re going to be hitting sev- TRIBUTE TO LANCE CORPORAL Not too much impresses him; eral different themes this evening as GARRETT GAMBLE He’s seen and done it all. we talk about the future of this coun- His hair is short, his eyes are sharp, try, especially as it deals with space. The SPEAKER pro tempore. Under a But his smile’s a little blue. And here, once again, I’m grateful the previous order of the House, the gen- It’s the only indication gentleman from Texas is here because tleman from Texas (Mr. OLSON) is rec- Of the hell that he’s gone through. Mr. OLSON has indeed been a leader in ognized for 5 minutes. He belongs to a sacred brotherhood, this particular issue in charting the fu- Mr. OLSON. Mr. Speaker, I rise today Always faithful ’til the end. ture of America as far as space policy to pay tribute to Marine Lance Cor- He has walked right into battle will be. poral Garrett Gamble, who was killed And walked back out again. It is very easy in this environment to on March 11 while patrolling during Many people think him foolish try and focus, first of all, on jobs. I combat operations in Helmand Prov- For having no regrets think we will. Because, indeed, as this ince in Afghanistan. Garrett was a 2008 About having lived through many particular administration is going to graduate of Stephen F. Austin High in times begin their summer of recovery tour in Sugar Land, Texas. He was assigned to Others would forget. which they will be touting the kinds of the 2nd Battalion, 2nd Marine Regi- He’s the first to go and last to know, jobs that will be created to try and ment, 2nd Marine Division, II Marine But never questions why, change the economic future this coun- Expeditionary Force, Camp Lejeune, On whether it is right or wrong, try is currently in, it seems almost North Carolina. But only do or die. ironic that administrative policies, es- Garrett was a sportsman and a hock- He walks the path most won’t take pecially with NASA, are going to cre- ey player—that’s right; a hockey play- He’s lost much along the way, ate a vast amount of unemployed indi- er in Sugar Land, Texas—who first con- But he thinks a lot of freedom, viduals—up to 30,000 individuals who sidered joining the Marines while a It’s a small price to pay. will receive their pink slips and be un- junior in high school. He was known Yes, he has chosen to live a life employed specifically because of poli- for his big personality, his sense of ad- Off the beaten track, cies initiated by this administration venture, and his tender heart. Friends Knowing well each time he’s called, and the current leadership in NASA. who knew him spoke of his never-end- He might not make it back. It’s at least ironic, but we will be talk- ing positive spirit and ability to make So, next time you see a Devil Dog ing about that. However, we want to go the best of a bad situation. He always Standing proud and true, beyond that because if you’re dealing put others before himself, and did so Be grateful for all he’s given; with simply jobs, that can be a very pa- with a smile on his face and a kind He’s given it for you. rochial issue. We’re also dealing with word for those around him. Don’t go and ask him the future of space and the importance Garrett’s mother, Michelle, shared What’s it like to be in a war; of space. And, clearly, if indeed this ad- with me a powerful story she learned Just thank God that it’s your coun- ministration and the leaders of NASA about her son after his death. She was try today seem to be de-emphasizing the told that when he was a freshman in He’s always fighting for. role of space in our future, other na- high school, he took it upon himself to And thank him too for all the hell tions are not. The Russians, the Chi- call the mother of a student he knew to He’s seen in that shade of green, nese, even the Indian government and

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11808 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 the Japanese government have a gent, comprehensive details related to and put to use with the critical skills unique interest in taking our position such a radical policy change should building and flying American-built in the leadership role of space explo- alarm every Member of Congress. My spacecraft. The administration claims ration. That’s another issue I think we colleagues and I are mainly concerned to have focused on jobs, jobs, jobs. Yet will be talking about. about our ability to maintain and uti- it fails to recognize the destructive im- I also want to make sure that we il- lize the international space station; pact of canceling Constellation and lustrate how sometimes there are unin- the impact on the aerospace industrial shifting $100 million to the Labor and tended consequences in our actions. base and our highly skilled workforce, Commerce Departments. This administration and, once again, as my colleague from Utah alluded to; So as we look forward to the next 6 NASA’s leadership did not take into ef- and the financial, programmatic, and critical months, there are some things fect the consequences of their program crew-safety risk of reliance on uniden- we must do. We must get answers from changes and the consequences that tified commercial crew vehicles. These the administration. We in Congress would have specifically related to our concerns have not been adequately ad- must recognize the impacts on our military preparedness, for indeed one dressed by the administration. And I’ve workforce and our infrastructure. We of the things we have to realize is that long supported a balanced program must pass an authorization bill. And, the component pieces that go into the that combines Constellation with an perhaps most importantly, we must en- missiles that shoot somebody to the increasing role for the commercial sec- sure that the final flights of the space Moon are the same component pieces tor, beginning with cargo flights to the shuttle and the continuous operation that go into missiles that shoot down space station and, over time, evolving of the space station are done safely and rockets from our adversaries Iran or to crewed missions. And I will continue successfully. North Korea, and that if you harm the to do so. b 1830 industrial base that creates one pro- I’m not alone in advocating this bal- gram, you harm the industrial base anced approach. As the heralded Au- I am both humbled and inspired that that creates the other program, and gustine Commission report, when it while men and women in our human that gives us some pause to think what was released, said that over time, with- space flight programs watch us debate we’re doing on the defense side of this in the aerospace community—even and question whether jobs will exist, country, which is clearly one of the few they, even the Augustine report, did they continue to excel and drive our roles specifically given to Congress in not advocate canceling the Constella- Nation towards new achievements in the Constitution. Finally, I think I’d tion. I still believe that this balance space. Their focus, their sacrifice, their like to talk some about a communique exists between government and com- dedication and that of the men and that came out from the administration mercial space. It can exist. And within women who came before them have en- today as to their future in space, and the budget that’s been proposed. Both abled the United States to be the glob- say that some of the platitudes that of these sectors have experienced tre- al leader in human space flight. Let us are very nicely written in this commu- mendous successes over the past work to keep it that way. nique are contradictory to the actions months—notably the Orion pad abort If my colleague from Utah would let that indeed take place. me, I would like to read this just to So with that, Mr. Speaker, I think if test in May and the Falcon 9 launch just last month. Yet, rather than focus show you how important it is to the the gentleman from Texas is prepared American people and some of the peo- to lead off, I would like to turn over as on the vital elements to maintain American leadership in space, the ad- ple that are opposed to the administra- much time to Mr. OLSON from Texas, tion’s plan. This is the letter that ran who, as I said, has for quite a while ministration and NASA are distracted in the Orlando Sentinel prior to the been the organizer and the leader of with programs that seem to spend President’s speech in Florida on April this effort to try and explore what this money on anything but space. 15. And I think it’s worth reading be- administration is doing, and maybe Many of us are astonished by the cause our Nation’s experts and heroes make some corrections, as is the role misplaced priorities within NASA’s in human space flight, this is how they and responsibility of Congress dealing budget. Instead of building and testing feel about this administration’s budget with space. Then I will be happy to flight hardware, NASA proposes spend- proposal: make some remarks after the gen- ing $1.9 billion to cancel Constellation ‘‘Dear President Obama, America is tleman from Texas has completed. contracts. Even now, NASA’s selective Mr. OLSON. I want to thank my col- enforcement of a termination liability faced with the near simultaneous end- league from Utah for allowing me to provision for Constellation contracts is ing of the shuttle program and your re- speak a little bit on an incredibly im- prematurely triggering layoffs across cent budget proposal to cancel the Con- portant issue to our Nation’s future. the country. It’s been determined that stellation program. This is wrong for Five months ago, the Obama adminis- somewhere between 20,000 and 30,000 our country for many reasons. We are tration proposed NASA’s budget for fis- jobs could be lost nationwide as a re- very concerned about America ceding cal year 2011. The proposal included sult. And we’re not just losing jobs. its hard-earned global leadership in surprisingly drastic decisions just out We’re losing American know-how. space technology to other nations. We of the blue to cancel the Constellation We’re losing capabilities and expertise are stunned that, in a time of economic program, NASA’s follow-on to the that will be difficult and costly to get crisis, this move will force as many as space shuttle. Constellation will pro- back if and when our Nation decides 30,000 irreplaceable engineers and man- vide a means and a service to utilize that it wants to explore again. Our agers out of the space industry. We see the International Space Station for as space program does not employ people; our human exploration program, one of long as it needs to—plus, to go beyond it invests in them. And, by doing so, we the most inspirational tools to pro- low Earth orbit, go to the Moon and be- strengthen our Nation’s security and mote science, technology, engineering yond. I believed at the time that such our economic well-being. and math to our young people, being a dramatic reversal risks ceding Amer- As if to add insult to injury, last Fri- reduced to mediocrity. NASA’s human ican leadership in human space flight day the administration came forward space program has inspired awe and for the future. A lot has transpired with a request to transfer $100 million wonder in all ages by pursuing the since those 5 months, but I still believe of NASA’s already limited resources to American tradition of exploring the canceling the Constellation presents the Labor and Commerce Departments unknown. more risks than rewards, creates more to funds an interagency task force to ‘‘We strongly urge you to drop this challenges than solutions, and raises spur ‘‘regional economic growth and misguided proposal that forces NASA more questions than it provides an- job creation.’’ Our Nation’s best and out of human space operations for the swers. brightest engineers and technicians foreseeable future. For those of us who The fact that NASA and the adminis- don’t want or need an interagency task have accepted the risk and dedicated a tration cannot or will not provide co- force. They’d much rather be retained portion of our lives to the exploration

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I hope I am not redundant, but yond what we’re already spending to be this great national adventure was I think they are significant enough focused directly on Constellation, we predicated on well-defined programs, that even if we say them a second time, could continue this program to a suc- an unwavering national commitment, it’s important. And I would hope the cessful conclusion. And once again, and an ambitious challenge. We under- gentleman from Texas would stay here jobs, I recognize, are parochial. I am stand there are risks involved in space and try to fill in the blanks where I part of that situation. But it seems flight, but they are calculated risks for miss those, if we could. ironic that in an era in which we’re worthy goals whose benefits greatly ex- There was quick mention, once talking about jobs and job creation and ceed those risks. again, as I said, on the jobs that we are more jobs and job creation and real- ‘‘America’s greatness lies in her peo- talking about here. The Vice President izing that we’re never going to get out ple. She will always have men and recently sent out a press release, an- of these economic doldrums that we’re women willing to ride rockets into the nouncing that he was going on his sum- in until we actually do have jobs, we, heavens. America’s challenge is to mer tour to tout the ‘‘Summer of Re- as a government, are having a policy to match their bravery and acceptance of covery.’’ Now, amongst the bullet try to throw out 30,000 workers who risk with specific plans and goals wor- points that they put in that press re- have proven their net, who have proven thy of their commitment. NASA must lease was that this administration their worth and are moving this coun- continue at the frontiers of human would be proposing programs to build try forward. It just flat out does not space exploration in order to develop up to 30,000 miles of new roads, up to make sense. the technology and set the standards of 2,000 new water programs, up to 80,000 Mr. OLSON. If my colleague would excellence that will enable commercial homes that might be weatherized, 800 yield, you’re right: it absolutely doesn’t make sense. And these just space ventures to eventually succeed. jobs here, some there, asking this aren’t some engineers who have just Canceling NASA’s human space oper- country to add a nongermane issue to been doing it for a passing amount of ations after 50 years of unparalleled the military supplemental to try to time. These are the best in the world at achievement makes that objective im- protect government worker jobs. what they do. These are the rocket sci- possible. And I just find that so ironic, as was ‘‘One of the greatest fears of any gen- mentioned, that at the same time we entists of America who led our domi- eration is not leaving things better for were doing that, the policies of this ad- nance in human space flight. They the young people of the next. In the ministration with regard to NASA con- have been the best for 50 years. Having been a naval officer, one thing I can area of human space flight, we are tract jobs would take between 20,000 tell you, in government agencies like about to realize that fear. Your NASA and 30,000 people who are part of the NASA, like the military, you depend budget proposal raises more questions private sector, who are doing these jobs on your people to pass down their in- about our future in space than it an- well—many of them being scientists formation to the young people coming swers. Too many men and women have and engineers—and they’re basically up, the new generations who take that worked too hard and sacrificed too giving them the pink slip at the same information, take that knowledge and much to achieve America’s pre- time we talk about how we’re trying to exploit it and develop even better vehi- eminence in space, only to see that ef- build jobs in some other way. It simply cles, better space exploration. We’re fort needlessly thrown away. We urge does not compute that that is the way going to lose that. These people are we’re doing it. you to demonstrate the vision and de- going to walk out the door and take I readily admit, some of these jobs termination necessary to keep our Na- that expertise with them. tion at the forefront of human space that have been threatened and have If we try to decide as a Nation that exploration with ambitious goals and been lost are personal friends and we want to rebuild that at some point the proper resources to see them neighbors of mine. I shared a picture in the future, we’re not going to be through. This is not the time to aban- with General Bolden, who is the head able to do it. Those people are going to don the promise of the space frontier of NASA, at one of our committee be gone, and we are going to have to for a lack of will or an unwillingness to hearings of a personal friend who has start over from scratch and teach a pay the price. spent 26 years dealing with procure- new generation of young Americans ‘‘Sincerely, in the hopes of continued ment issues at one of the companies, the lessons we learned from going to American leadership in human space who is just in his mid-fifties and was the Moon and spending 6 months in exploration.’’ The letter was signed by just released simply because this is the orbit at the space station. We’ve approximately 37 astronauts who span policy of this particular administra- learned those things. all of our main human space flight pro- tion. And I would love to be able to go And I agree with you on the terms of grams, from Mercury, Gemini, Apollo, to him and say, Ray, the reason that the priority of the budget. This is the Skylab, Apollo-Soyuz, shuttle station. your job was terminated was because second largest cut in the entire budget, This is a powerful argument, my the government decided to try to save the Constellation program. I mean, friend, as to what we’re doing, and money. The problem is, none of these that is the largest cut. So you figure, what we’re doing here is wrong for our jobs that are going to be eliminated okay, if we’re going to cut this money country’s future. We need to develop save the government a dime. out of the budget, we’re cutting the the Constellation. We need to get be- In fact, it is true that this adminis- funding to the agency. No, as my col- yond low Earth orbit; and we need to tration is asking for a $6 billion in- league alluded to, we’re actually giving explore, explore like Americans have crease in the NASA budget even $6 billion over a 5-year period to de- been doing ever since our forefathers though they are going to be stopping velop global warming research, to tran- left their homes to come to this coun- the manned space program and throw- sition to these commercial launch ve- try. ing up to 30,000 high-paying jobs, em- hicles. And I think our priorities are Mr. BISHOP of Utah. I appreciate the ployees who have proven their worth just wrong here. They’re wrong for, gentleman from Texas, the points that for years and years, throwing them certainly, our workforce; but they’re he made and especially the poignant out. There are some people who said, wrong for America. letter that came out and illustrating Well, the new programs would create One thing I would like to mention how the overwhelming majority—in new jobs within the NASA-private sec- too that’s hard to put a dollar value on, fact, I would say almost all but one—of tor relationship. Yet the most they’re but the ability of human space flight to our retired astronaut core feels very talking about there is maybe up to inspire youth, to get these jobs, to be- strongly that Constellation was the 10,000 jobs to be offset by the 30,000 that come astronauts and to pursue the

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11810 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 American Dream. I mean, I can tell The space shuttle had a couple of is now forfeiting the space future to you as a kid who grew up about a mile very sad disasters. In the last one, other countries. We had a plan between and a half from the Johnson Space Cen- there was a study made on how to the actual startup of Constellation, ter, whose Little League football coach avoid that in the future, and they said, which is both the Aries rocket and the was Joe Engle, the pilot of the second The most important thing we can do— Orion space capsule, and the end of the space shuttle, and just growing up in and I think every astronaut under- space shuttle in which the Russians that environment, how much those stands this, which is maybe why so would have to do some of the taxi serv- men and women inspired us, my school- many of them signed that particular ice for us. They would charge us some- mates, to want to be astronauts, to letter from which the gentleman from where in the neighborhood of $30 to $35 want to be part of that. And that still Texas read—is two goals: NASA will million per ride. That’s a large amount exists today. I see it all around my dis- never be effective if, number one, the of money. But, however, our good trict. safety of our astronauts isn’t in the friends in Russia, after they left com- The administration doesn’t seem to most primary and utmost position; munism, have found capitalism to their realize all the implications of killing and, number two, you have a clear, un- liking, and they realize what a monop- this budget. We’re killing 30,000 jobs, derstandable and stated goal—what we oly gives them the power to do. the best in the world at what they do. are going to accomplish. In the 2011 budget, NASA wants to We’re going to cede U.S. dominance in It is true that during the Bush ad- budget $75 million per astronaut ride human space flight, give up some na- ministration, we decided to halt the from Earth up to the space station and tional security possibly, and we are space shuttle program. It had run its back. Now, that’s the kind of cost going to lose the ability to inspire our course. We have been very successful in that’s coming to the taxpayers of the youth. And I also must add, we don’t going to the space station and back, United States. And I would, once again, give NASA enough credit for all the but there were some issues that we maybe be willing to accept it if that things they’ve developed for us back needed to go beyond simply space shut- was moving America forward. But sim- here on Earth. I mean, everybody here tle. So the effort was made to try to ply subsidizing the Russian space pro- in this gallery has somehow benefited put our best minds together and see gram instead of building our own pro- from NASA and their research up where we could go into the future that gram is not what I call smart use of there. would meet those two goals: a clear If you’ve got a cell phone, if you’ve moving us into the future. statement of purpose and safety. And In fact, we simply have said that this got a satellite GPS, if you’ve got a the reality of that was Constellation. pacemaker or some sort of medical de- summer of recovery should be the sum- This is the safety concept. This Con- mer of the Russian and Chinese recov- vice, that’s come from NASA. That re- stellation program is designed to be search has come from NASA, and we’re ery. We will be subsidizing their mis- safer than the space shuttle by a factor sile program, their space exploration going to throw that away with this of 10. budget. That’s why we’re working very program, at the tune of $75 million hard to stop it. And I wish the adminis- b 1845 every time we send an American astro- tration would just sit down and talk It was recognized that if you want to naut into space on Russian technology with us because, Mr. President, you try and stop some of the catastrophes to help their program out, to keep have a voice, but you don’t have the we’ve had today, you separate the their jobs going. And, well, I’m sorry. final word. The United States Con- cargo from the passengers. That’s what That just does not make sense as to gress, under the United States Con- Orion does in that process, allows a where our future should be. stitution, has the final word. safety valve for the safety of the pas- Mr. OLSON. Will my colleague yield? Mr. BISHOP of Utah. I appreciate the sengers, in this case, the astronauts. Mr. BISHOP of Utah. I would be gentleman from Texas, if I could re- And in addition, we clearly realized happy to yield. claim the time briefly. Changing from that we needed to go with solid rocket Mr. OLSON. Thank you. just the concept of jobs and, indeed, propellants because it is much safer I wanted to get back to your point the future of space and especially to than liquid propellant, perhaps not as about needing a goal, having some sort put the emphasis on the fact that, what powerful, but certainly much more of focus. I’m a Rice University grad- are we going to do to inspire people to controllable. And, once again, the con- uate, and we had the honor of Presi- go into science and math and become cept of safety is important. This is the dent Kennedy coming to our school in the engineers of the future. Let’s face future, if you really care about astro- the early sixties to make his famous it, if you only build one new plane for nauts. speech where he said, you know, we’re our military once every 40 years or if And the second one was the goal is going to go to the moon, take a man to we’re only doing one new adventure very clear. The design was for a spe- the moon and return by the end of this into space once every 30 years, that cific goal. The intent was for a specific decade. That was a clear goal. Here’s doesn’t inspire somebody. In fact, sup- goal. And I don’t want to be dispar- our goal. Here’s when we’re going to do posedly one of NASA’s new goals is to aging to this administration, but the it in. We’re going to give you the re- try to encourage education into space. apparent goal of this administration sources to do it. And I think, as the gentleman from with spaceflight is some day, maybe When I go home, when I go back to Texas clearly cited, kids are not dumb; perhaps at some time, we might land my district, the one thing I hear from and they’re realizing, if you are at a on some asteroid somewhere. That’s both the government employees and whim firing 30,000 engineers and sci- not a specific goal. That’s not even a the contractors at NASA are, What’s entists, that doesn’t give you a whole dream. That’s not even a reality that our goal? I mean, what are we doing? lot of encouragement to try to move we can deal with. That may be almost What’s our target? We’re going to go to into that particular area. cartoonish in the approaches to deal Mars sometime by 2035 or somewhere One of the issues especially is be- with it. in that window. We’re going to take 5 cause Constellation is the cutting edge And unfortunately, if we start scal- years to develop a design and make de- of science. It was granted last year by ing back, other countries are not. The velopment designs for heavy-lift vehi- Time magazine as one of the 50 best in- Russians are still involved. The Chi- cles, and then we’re going to build that ventions of the year. In fact, it was nese are stepping up their involvement 5 years from now. number one of the 50 best inventions of in space exploration. As I said earlier, That’s not what makes NASA great. last year, and it shows that what we even the Indian Government and the You give these people a goal, give them are doing is right. This is the right ap- Japanese Government have stated that a time frame and give them the re- proach, and this is the approach that is they have a plan in mind to try and be- sources they need to do it, they will do being threatened by the policies of this come involved in this concept. it. Every time in our history, they’ve administration and the current NASA What becomes so bizarre is the made some of the greatest techno- leadership. United States, that won the space race, logical advancements that mankind

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You’ve got to have the re- tronauts up to and from the space sta- ing about the so-called commercializa- dundancy to the redundancy to the re- tion—and as my colleague alluded to, tion of space already are under con- dundancy to the backup to the backup you can say what you want about our tract with NASA. They are already system to ensure that if anything hap- former communist friends, but they being subsidized by NASA. They are al- pens to that vehicle from the time it have figured out capitalism in a very ready behind in their programs with pulls off that pad till the time it gets short time. And, you know, we were NASA, and they are asking for more to the station and comes back down paying about, somewhere over, just Federal dollars for NASA. that the crew has the ability to get over $20 million per seat last year. So, once again, I oftentimes hear, home safely. And I’m concerned that’s That price has gone up now to just a well, this is an administration that one thing that this President’s budget little over 50. We signed a contract, I wants to totally change the way we proposal doesn’t take into account. believe, through 2014, and it’s doubtful, deal with space and they want to try Mr. BISHOP of Utah. I appreciate certainly with the administration’s and commercialize everything. That’s a that. budget proposal, that we’ll have an cute word, but the reality is you’re And reclaiming the time once again, American vehicle that can transport us simply having some people in the pri- I’m glad we’re talking about the fact to the space station. We’re going to re- vate sector who will lose their jobs so that these are real people in the job negotiate that contract. And as my the administration can pick other peo- market that we’re going to be harming. colleague from Utah alluded to, that ple in the private sector to have jobs, I’m glad we’re talking about the over- thing’s probably going to double again. and not necessarily on a one-to-one all purpose of our space exploration This is just a terrible position we’ve ratio. program and what it means to them. gotten ourselves into. There is no such thing as commer- I’m glad the gentleman ticked off a The Constellation is the program of cialization of space or these programs, bunch of areas. I mean, let’s face it. record, been endorsed by a Republican and we are not trying to come up with When my kids were growing up, the Congress in 2005, a Democrat Congress a free enterprise approach to the future fact that I could put their shoes on in 2008. We need to develop Constella- of space. This is simply the govern- with Velcro was a major advantage tion and stay the course and let our en- ment picking winners and losers among than trying to tie their shoes. We have gineers and let our space experts and a lot of people who are out there in the those examples in our life. let our astronauts do what they do to private sector. The 30,000 jobs that are I’m glad that we’re talking about the inspire our youth. going to be lost are not government fact that the Constellation is the fu- Mr. BISHOP of Utah. If I could re- jobs. Those are private sector jobs. ture. It is the best science that we claim the time, and I appreciate that Mr. OLSON. Yes, sir. My colleague have. It is the safest way of going for- comment. And once again, the fact from Utah makes a great point, if he’d ward. And I’m glad we’re talking about we’re throwing out different numbers yield a little time. the fact that we’re not, this entire idea of what it will cost to send Americans Mr. BISHOP of Utah. I yield. that we’re going to privatize our space up there is simply because NASA Mr. OLSON. Certainly commercial program which has caught the fancy of doesn’t know what it will cost, and has a place in our future, but they are some of our colleagues who aren’t real- that’s why they’re budgeting very high. not anywhere near being ready to do ly perhaps deeply involved in the Who knows if that is the actual num- what this administration wants them Science Committee, as the gentleman ber. Because once again the Russians to do, carry cargo to a space station. from Texas is, to realize that’s not realize, when they have a monopoly, They’re not there yet. They’ve had one what we’re talking about here. All they can charge what they want to launch. That’s a long, long way to go we’re talking about is, once again, gov- charge. from being able to carry cargo up to ernment picking winners and losers Let’s deal with another phrase that and from the space station. amongst the private sector to go on we often hear from this administra- More important, astronauts, human with programs that will still be sub- tion. They are about to commercialize beings, that is a much, much greater sidized by the taxpayers. And in some space. I want to try and put that one to challenge than carrying cargo, and respects, perhaps this is the right ap- rest, if we could. There is no such thing they’ve got a long way to go. When I proach to do it. as privatizing or commercializing what talk to experts back home, they say a If I could take us into one other di- we are doing in space. decade would be a good number for the rection just for a minute as well, and The Constellation program is being commercial operators to have man- perhaps this comes back to one of my built by private enterprise. There were rated vehicles. And they’ve got a long, areas of interest, because I’m on the contracts let by this government that long way to go. Armed Services Committee. One of the were done on a competitive bid process And one thing I’m concerned about is things that this particular administra- and won by private sectors, by the pri- safety. As my colleague from Utah al- tion failed to do when they announced vate sector, by commercial companies, luded to earlier tonight, safety is para- their new program of canceling Con- which means when we cut Constella- mount. I mean, we need to do what stellation for whatever new goal that tion, we’re not cutting a government we’ve done at NASA. The 50 years they want to have in the future is they program. We’re cutting 30,000 jobs in they’ve been in existence, they have failed to communicate with other the private sector to build a contract put safety of astronauts as the number members of the administration and that comes from here. one concern. And it is a very, very with other policies and programs with- What the President and the NASA risky endeavor that they do. And we’ve in government to see what the impact leaders were talking about when they got to make sure that safety is put would have in other government areas. say, well, we’re going to commercialize first, and that’s one of my concerns And once again, I’m specifically talk- the future of space is not really chang- with these commercial operations. ing about our military defense system. ing the philosophy of what we’re doing. Again, as my colleague alluded to, As I said in the very beginning, we All they’re doing is they’re going to economically, it’s no different than forget that the people who build rock- take the contracts from those who what we’re doing now. But it concerns ets and have the component parts to have them now, building Constellation, me that we’re going to have people who put a man to the moon are the same fire those people, and then we will give don’t understand NASA’s—the safety people who build the component parts

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You stellation for something else, some ficiency Act, where they are using—we can’t just decide today we’re going to nebulous policy in the future. think it’s unprecedented. We are doing have these scientists; tomorrow we’ll Defense of this country is the role of some research to find out if it’s ever fire them and turn it off, and then the Congress. It’s a legitimate question. been done in the past. As my colleague next day we’ll just open it up and This administration should have asked knows, what’s basically done is, NASA they’ll be there again. those questions ahead of time before has told the contractors you are going What we are doing, if we decimate they announced the policy. They to have to hold some money in reserve Constellation, is we’re decimating the should have understood what the costs for termination liability. You can’t industrial base that builds our Defense would be and how they planned to han- spend that on developing rockets and Department missiles at the same time. dle that cost. As it was, it kind of human space flight. You are going to The House authorization bill has in- snuck up on everybody. And now peo- have to hold that in an account in case tent language that tries to quantify ple are trying to play catchup. And the things get terminated. And what do the what this is because, to be honest, as best way of solving that problem is companies have to do? The money they we started our hearings this year on simply go with the winning program, were holding for September 30 is now authorization bills, both for NASA as which is Constellation, and continue on going to be dried up sometime in the well as for the Defense Department, we with the goal that is safe and has a middle of August. The only solution simply asked the question that if, in- clear, concise goal message to it. Don’t they have is to lay off those people. deed, Constellation is taken out, what lose the jobs, don’t lose the industrial And again, I don’t want to be skep- impact will it have on the military. base, don’t increase the costs for our tical, but that gets the administration And it was clear that the military had military. And let us move forward in more of what they want. If those peo- never been broached. They had never an organized, rational approach rather ple go, we are going to have a hard talked about this. They had not antici- than this helter-skelter idea that takes time getting them back, and the costs pated it. However, reports going over a place at some particular time. are going to go up. We need to stop year now, going back to Congress sim- Mr. OLSON. Would my colleague this. We can’t make NASA a partisan ply said that there would be dev- yield? issue. It’s been a bipartisan issue. astating circumstances and harmful Mr. BISHOP of Utah. Yes, I will be That’s its strength. Every American consequences if, indeed, Constellation happy to yield. loves human space flight, is proud of was stopped for the military side. Mr. OLSON. One thing I am con- America, what we have done in orbit Now, in the language that will be cerned about, as my colleague knows, and what we have done on the Moon. presented in the House authorization is the fact that this administration is And we’ve got to go beyond that. And bill, it simply says that the best esti- making NASA a partisan issue in many Constellation, as my colleague alluded mate we have right now is the cost of ways. As you alluded to, I am not sure to, is the best, most tried way so far to military defense on everything that who proposed this budget or who put it do it. There is no reason to get off that deals with the missile, any kind of pro- together, but they certainly didn’t out- path. pulsion system, is between a 40 to 100 reach. It seemed like a very small Mr. BISHOP of Utah. If I could re- percent increase in the cost to the de- group of individuals at the White claim my time very briefly here again, fense side of our Nation if, indeed, we House over at OMB who made these de- and once again I appreciate you mak- stop Constellation and you fire those cisions that have dramatic impacts for ing those points, because they are spot- 30,000 workers who are part of that in- our Nation. on accurate. Congress made its voice dustrial base. That simply means that As you alluded to, I don’t think they very clear last year when we specifi- anything that needs a solid rocket talked to any of the defense contrac- cally told NASA, Constellation is our motor, an ICBM, the Navy missile sys- tors, particularly the ones that devel- program of record, and you will not cut tem, double the cost of what it will oped the missiles for our strategic nu- funding to Constellation. It’s very take just to replace those motors to re- clear deterrence. As I understood it, clear that Congress has never changed place the work and to keep that system nothing. They heard nothing. I rep- that position. Well, this is speculation, functioning. Any kind of strategic mis- resent the Johnson Space Center, the but nor do I think we would, given our sile that has propulsion as part of it, home of human space flight. Our center own choice of what to do. and I hate to say that, but that’s every director, when I called him up on Feb- But as the gentleman from Texas kind of missile that we have, the cost ruary 2 just to sort of get how are peo- clearly illustrated, there are some will increase 40 to 100 percent simply ple doing, what’s the mood there, those things that NASA is doing right now because we are losing the expertise and type questions, I asked him, when did that appear—I don’t want to try and the industrial base. And, indeed, often- you find out? He says, I found out ascribe motives—but they appear clear- times those propulsion concepts have a about it when you did. I read the paper ly to try and force the issue so that by fixed cost to them, so if, indeed, you yesterday. the time Congress goes through its have to have propulsion in there, That’s another point. I mean Con- process of coming up with a budget and there’s a fixed cost. If you have less of gress has the oversight. We are the appropriations process and language di- that, the military will be picking up power of the purse. And I am unaware recting what the bureaucracies will do, what is now being shared as far as the of any outreach from the administra- in this case NASA, that this will be a cost with NASA at the same time. tion to any Member of Congress prior fait accompli. Our land-based missile system, our to this decision being made. I am a So the idea of withholding the de- kinetic energy system, even the fact freshman here as a Member of Con- rivatives was not a reduction of their that some of our laser systems in the gress, but I have been on the Hill for a contracts, but it had the same effect. future will have a negative impact sim- number of years, particularly in the The idea of taking the Constellation ply because the industrial base that military and the Navy. One of the manager and reassigning him had a builds those missiles for our military is standard things was, if you are going to specific effect. And then, as you al- the same industrial base that builds make a radical change in a program, luded to, the idea of telling companies missiles, the component part, the you went and talked to the committees that they are going to have to hold out labor, the propulsion system for NASA of jurisdiction, the chairman, the rank- closing costs, which has never been for Constellation. ing member, and at least sort of gave done in NASA before, in fact there was

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I yield back for any concluding state- But what that would do is simply force Let me just read the three para- ments the gentleman has. them to fire people now so the indus- graphs that I think are most impor- Mr. OLSON. Yes, I will be very brief trial base is gone before anything takes tant. Again, Walt and about 30 other here. You are very aware of the Orion place. astronauts from every program, every Pad Abort, the very successful launch And that is a strange approach for human space flight program we have, test we had I believe it was in late any kind of executive branch of govern- signed this letter: ‘‘Too many men and April or early May. Good chance you ment to do when the legislative branch women have worked too hard and sac- could get a Time magazine from this has yet to give them any clear direc- rificed too much to achieve America’s upcoming year, and that’s going to be tion that’s what we want to do, or has preeminence in space, only to see that on the cover of that magazine. That spoken. In fact, everything we have effort needlessly thrown away. We urge was a flawless, flawless test. said so far is the exact contrary to you to demonstrate the vision and the In fact, if you remember, the rocket that. So I appreciate that. determination necessary to keep our got off the pad so quickly at White If I could just put one last thing in, Nation at the forefront of human space Sands that the cameras that are there and then I will yield to the gentleman exploration with ambitious goals and to track rockets—I mean they are from Texas again. The government ap- the proper resources to see them there to track all rockets—couldn’t parently put out the National Space through. This is not the time to aban- keep up with it because it was moving Policy of the United States today. It’s don the promise of space frontier for a so darn fast. And that’s the program of an interesting document. It says that lack of will or an unwillingness to pay record. we should have a robust and competi- the price.’’ Yet that’s exactly what this And I will just conclude by saying tive commercial space sector, which is budget proposal does. what I tell people all across this coun- good. But I promise you, if you take all And I am very scared that this has try. The President and the administra- the jobs away from those who are doing become a partisan issue that doesn’t tion have a voice in this process, but Constellation, there will not be a ro- serve America well, that doesn’t serve they don’t have the final word. The bust or competitive space program. our future well. As my colleague al- United States Congress has the final They say that we should strengthen luded, Republican Congress endorsed word. And I am confident that at the U.S. leadership in space-related the Constellation, Democrat Congress end of the day, Constellation is still science. Now, once again we have said endorsed the Constellation. You hear going to be the program of record. I over and over again if indeed you stop people out there say this is George thank my colleague, and yield back my Constellation, you are ceding leader- Bush’s plan. Yes, it was his plan, but time to him. ship in space-related science. We’re not it’s been endorsed by, again, a Repub- Mr. BISHOP of Utah. Thank you. Mr. creating leadership. They say we lican Congress and a Democrat Con- Speaker, I appreciate your time and ef- should retain skilled space profes- gress. It’s not Bush’s plan. It’s Amer- forts. We yield back. sionals. Once again, what is happening ica’s plan. And we need to see it f today is the exact opposite of this ef- through. CONGRESSIONAL BLACK CAUCUS fort or this directive. Mr. BISHOP of Utah. If I could just They say we should reinvigorate U.S. reclaim for just one particular second HOUR leadership. You don’t reinvigorate right here. Once again, and I appreciate The SPEAKER pro tempore. Under something if you destroy the program you bringing that point out, I think the Speaker’s announced policy of Jan- that is our program of record that will the pushback or the outrage in Con- uary 6, 2009, the gentlewoman from move us towards a leadership position. gress has been a bipartisan pushback Ohio (Ms. FUDGE) is recognized for 60 I find this document unusual. and outrage. Republicans and Demo- minutes as the designee of the major- Now, I haven’t had a chance to read crats alike have said the approach this ity leader. everything that is in it, but certainly administration is taking is not nec- GENERAL LEAVE certain things come glaring out in the essarily the right approach. Because Ms. FUDGE. Mr. Speaker, I ask process of just skimming through it, indeed, Constellation is a safer, better unanimous consent that all Members saying that what we are doing is not system than the space shuttle. It is the may have 5 legislative days to revise necessarily what our words are. If our new way forward. It shows what is the and extend their remarks on the sub- words here were indeed what our policy best and the brightest that this coun- ject of my Special Order. is, I would be very happy and content. try has to offer. It is something that The SPEAKER pro tempore. Is there But what I see happening is not what makes us good and makes us noble. It objection to the request of the gentle- this policy statement says that we is the direction we should go into the woman from Ohio? should be doing. future. There was no objection. Sometimes I wonder if we really do And for us to back off now for some Ms. FUDGE. I appreciate the oppor- understand what we are doing in space. program that is not clear, is not under- tunity to anchor this Special Order And we need to recognize the signifi- standable, has no discernible goals, hour on Wall Street reform for the cance of it, the importance of it, and that’s just not the way a country Congressional Black Caucus. Cur- the importance it has in other aspects moves forward. It is indeed the way a rently, the Congressional Black Cau- of the government, and to our citizens, country moves backwards, and this cus, the CBC, is chaired by the Honor- and to the future to inspiring kids. I country should not be moving back- able BARBARA LEE from the Ninth Con- yield back. wards. gressional District of California. Mr. OLSON. If my colleague would I appreciate the gentleman from Mr. Speaker, I now yield to our chair, yield very briefly again, I am just very Texas’s leadership on this particular the Honorable BARBARA LEE. scared that this administration is turn- issue, everything that he has been Ms. LEE of California. Thank you ing NASA into a partisan political doing in organizing our review, our re- very much. Thank you, Mr. Speaker. football, and it’s never been that way. ports, some of our complaints, too, as Let me thank Congresswoman FUDGE Let me read just another quote again we try and say what we need to do is do for once again being on the mark in from the letter I read earlier that was that which moves the country forward terms of the Special Order tonight. She put together by Walt Cunningham, who and ennobles us as a people. Constella- has taken the leadership on behalf of

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I regulators who really were asleep at There was a meltdown. For 8 years, know your district is going to benefit the switch. Mr. Speaker, under the previous ad- tremendously from this. Oftentimes we Thank you again. Thank you, Con- ministration, our allies on the other forget that regulatory reform also has gresswoman FUDGE, for your leader- side of the aisle looked the other way a direct impact on the huge foreclosure ship. as Wall Street and the big banks ex- crisis that I know your district is fac- ploited loopholes. Americans had no b 1915 ing. So thank you again for your lead- clue that Wall Street barons were gam- ership. Ms. FUDGE. Mr. Speaker, I just want bling away their money on complex Let me just thank, first of all, all to continue to express my support for schemes and being handsomely re- Members who were on that Financial our Chair. She is very strong and cou- warded for failure and for recklessness. Services Committee for such a major rageous and keeps us on task. I just ap- America’s families and small busi- effort to take this important step in preciate her hard work and her leader- nesses paid the price. We lost 8 million protecting Americans from another fi- ship, not only for the Congressional jobs and $17 trillion in retirement sav- nancial crisis. While many provisions Black Caucus but for our caucus in ings and Americans’ net worth in this in the bill could be much stronger, I be- general. Thank you very much, Madam meltdown. It was the worst financial lieve that H.R. 4713 is a critical step Chair. crisis since the Great Depression. forward in bringing some reasonable Mr. Speaker, tonight we will focus on There are tough choices. This Con- regulations and oversight back to an the need for this Wall Street reform gress and our President, President out of control financial services sector. that Americans have been waiting for. Obama, have made tough choices and I actually was on the Banking Com- Americans have faced the worst finan- taken effective steps to bring our econ- mittee during much of the deregulation cial crisis since the Great Depression. omy back from the brink of disaster. process and could not support it then. Millions have lost their jobs, busi- The Recovery Act has already saved or And unfortunately, what those of us on nesses have failed, housing prices have created up to 2.8 million jobs and much the committee saw happening and said dropped, and savings have been wiped of the TARP has already been repaid. would happen has happened. But now out. A year and a half after the coun- But more must be done. this important legislation will finally try’s banking system nearly imploded, The next step is the Wall Street re- make our banks and financial services it is still operating under the same in- form. It is a critical step to create jobs institutions much more transparent, adequate rules and regulations. The and grow the economy. As we rebuild put consumer rights before corporate failures that led to this crisis require our economy, we must establish com- profits, and allow shareholders more of bold action. We must restore responsi- monsense rules to ensure big banks and a say on skyrocketing CEO pay pack- bility and accountability in our finan- Wall Street can’t play Russian roulette ages. cial system to give Americans con- While I would have preferred a stand- again with our futures. Wall Street fidence and the protections they need. alone Consumer Financial Protection may be bouncing back, but we know We must create a sound foundation to Agency, this bill will create an inde- from experience they are not going to grow the economy and to create jobs. pendent agency that remains inde- police themselves. This is in fact why Congress is set to Let me just talk a bit about what is pendent and puts consumers first. I am vote this week on the Wall Street Re- pleased that more transparency on in this legislation. This bill protects form and Consumer Protection Act. CEO pay is included in these reforms. hardworking Americans from the worst Despite vigorous lobbying from the While I might have preferred some rea- abuses in the financial industry. I’d banks, this bill protects the American sonable constraints, like my bill that like to share with you just some of the would limit tax deductibility of execu- people and the financial system from consumer protections that are included tive pay, allowing shareholders to have abuses that nearly caused the entire in this bill: There is protection for fam- a say on pay is a good step forward. system to collapse. This bill contains ilies and small businesses by ensuring I remain concerned that rules on commonsense reforms that hold Wall that bank loans, mortgages, and credit risky derivatives trading, limits on Street and the big banks accountable. card terms and disclosures are fair and proprietary trading by our biggest It will end bailouts by ensuring that understandable. Transparency in the banks, and controls over the operations taxpayers are never again on the hook industry will be overseen by the new of ratings agencies may not be strong for Wall Street’s risky decisions. It will Consumer Financial Protection Agen- enough to prevent continued risk to protect families’ retirement funds, col- cy. Credit card companies will no our markets and taxpayers. I had lege savings, homes and businesses’ fi- longer be able to mislead you with hoped that more could be done to en- nancial futures from unnecessary risk pages and pages of fine print. You will sure that banks pay for their failures. by CEOs, lenders and speculators. It no longer be subject to hidden fees and But I know that we must pass these re- will protect consumers from predatory penalties, or the predatory practices of forms and we must pass them now. lending abuses, from the fine print and unscrupulous lenders. This bill will So I hope that my colleagues across industry gimmicks. And it will inject make lending agreements easier to un- the aisle will join us in the effort to transparency and accountability into a derstand and protect small borrowers. protect consumers, shareholders, and financial system that has run amok. It ends predatory lending practices the open and honest functioning of the Wall Street reform is good for our that occurred during the subprime financial markets that are so critical country because it is a critical step to lending frenzy that this country expe- to our continued prosperity. I hope create jobs and grow the economy. rienced. The legislation outlaws many that we have all come to understand Years without accountability from of the egregious industry practices how ridiculous it is to claim that the Wall Street and the big banks have that led to the subprime lending boom. markets can regulate themselves, and cost us 8 million jobs. Having a healthy It ensures that mortgage lenders make that we can agree that the government financial system will help spur lending loans that benefit the consumer. It has a critical role in ensuring that our to businesses, of course, which will would establish a simple standard for financial services sector functions fair- grow our economy. As we rebuild our all home loans: institutions must re- ly, with transparency, and allows equal economy, the new commonsense rules view proof of income to ensure that opportunity for all Americans. from this bill will ensure that big borrowers can repay the loans they are

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 11815 sold. This legislation will force mort- lations will hold Wall Street account- bringing this issue to the floor tonight. I would gage companies to play by the rules. able, it will end taxpayer-funded bail- also like to thank CBC Chair BARBARA LEE for You’ll be empowered with easy-to-un- outs, and protect Americans from un- her leadership on continuing to shine the light derstand forms. And you’ll have clear scrupulous big banks and credit card on important issues that matter to the CBC and concise information to make finan- companies. Wall Street reform is a win and our constituents as well as the Nation as cial decisions that are best for you and for the American people. This is about a whole. your family. making the system fair and account- It is past time that we take strong action to Financial firms will no longer be able able. The financial crisis that unfolded reform our financial system to ensure that we to engage in behavior that is so risky in 2008 should never have happened. have strong measures in place to best prevent and irresponsible that it threatens to But since it did, this Congress has been the economic crisis that we have been experi- bring down the entire economy. This working hard to develop legislation encing over the last few years. We had years bill replaces taxpayer bailouts with that will prevent a future crisis. without accountability for Wall Street and the new procedures to unwind failing com- I support the Wall Street Reform and Big Banks under President Bush and congres- panies that pose the greatest risk. This Consumer Protection Act because it in- sional Republicans which cost the people of wind-down process will be paid for by cludes commonsense reforms that hold this Nation 8 million jobs. the financial industry and not by tax- Wall Street and the big banks account- We will: Rein in Big Banks and their Big Bo- payers. able. But most of all, Mr. Speaker, this nuses, put an end to bailouts and the idea of It produces tough new rules on the bill supports the American people. ‘‘too big to fail,’’ and create a consumer finan- cial protection agency to protect and empower riskiest financial practices that gam- Let’s give Americans what they de- consumers to make the best decisions on bled with your money and caused the serve—fairness in the financial system. homes, credit cards, and their own financial financial crash, like the credit default Ms. EDDIE BERNICE JOHNSON of Texas. swaps that devastated AIG, and com- future. Mr. Speaker, let me begin my thanking my Mr. Speaker, we can no longer afford to let monsense regulation of derivatives and friend and colleague, the gentlewoman from the fox watch the henhouse. For eight years, other complex financial products of- Ohio, Congresswoman FUDGE, for anchoring President Bush and congressional Repub- fered to consumers. once again tonight’s Congressional Black Cau- licans looked the other way as Wall Street and It provides tough enforcement and cus’ special hour. the Big Banks exploited loopholes, gambled oversight with more enforcement This Congress and President Obama have your money on complex schemes, and re- power and funding for the Securities made tough choices and taken effective steps warded failure and recklessness. America’s and Exchange Commission, including to bring our economy back from the brink of families and small businesses paid the price. the registration of hedge funds and pri- disaster. The Recovery Act has already saved We lost 8 million jobs and $17 trillion in retire- vate equity funds. It provides enhanced or created up to 2.8 million jobs and much of ment savings and Americans’ net worth. oversight and transparency for credit the TARP funding repaid. Now we are taking This Congress and President Obama have rating agencies whose seal of approval another key step forward with a final agree- made tough choices and taken effective steps gave way to excessively risky practices ment on the Dodd-Frank Wall Street Reform to bring our economy back from the brink of that led to a financial collapse. and Consumer Protection Act. disaster. The Recovery Act has already saved It protects investors. It strengthens For many months now, members of the or created up to 2.8 million jobs and much of the SEC’s power so it can better pro- Congressional Black Caucus continue to be the TARP has been paid back. And now we tect investors and regulate the Na- laser focused on financial reform. We have are taking another key step forward with a tion’s securities markets. Reining in sought to engage the Obama administration, final agreement on the Dodd-Frank Wall Street egregious executive compensation, al- House and Senate leadership, committee Reform and Consumer Protection Act. lowing a ‘‘say on pay’’ for shareholders, chairs, and our coalition partners to develop a As we rebuild our economy, we must put in requiring independent directors on legislative strategy aimed at addressing the place commonsense rules to ensure Big compensation committees, and lim- needs of millions of Americans who are strug- Banks and Wall Street can’t play Russian iting bank executive risky pay prac- gling in this tough, economic environment. Roulette again with our futures. Wall Street tices that jeopardize the safety and Mr. Speaker, we must reform Wall Street to may be bouncing back, but we know from ex- soundness of banks. end risky practices that have caused millions perience they’re not going to police them- As a member of the CBC, one impor- of Americans to lose their jobs, their homes, selves. tant part of the bill I would like to and life savings. The House passed a financial Common-sense reforms that hold Wall highlight is the new Offices of Minority reform bill that will protect consumers and pre- Street and the Big Banks accountable will: and Women Inclusion. At Federal vent the irresponsible behavior that caused End bailouts by ensuring taxpayers are banking and securities regulatory the financial melt down. never again on the hook for Wall Street’s risky agencies, the bill establishes an Office I was proud to join a majority of my col- decisions Protect families’ retirement funds, college of Minority and Women Inclusion that leagues in this body in supporting passage of savings, homes and businesses’ financial fu- will, among other things, address em- Wall Street. We are committed to protect ployment and diversity contracting op- tures from unnecessary risk by CEOs, lenders, American families and their savings. and speculators portunities with the Federal Govern- We ended the practice of ‘‘too big to fail.’’ Protect consumers from predatory lending ment. The offices will coordinate tech- We established safeguards to ensure that the abuses, fine print, and industry gimmicks nical assistance to minority-owned and abuses of the past are never again repeated. Inject transparency and accountability into a women-owned businesses and seek di- Mr. Speaker, the House made Wall Street re- financial system run amok versity in the regulatory workforce. By form a priority. WHAT’S IN THE LEGISLATION? actively engaging minorities and Every day of delay is one more opportunity Creating a new Consumer Financial Protec- women, the Nation’s financial system for a recurrence of economic uncertainty and tion Agency to protect families and small busi- will become stronger. even collapse. Last Thursday’s roller coaster nesses by ensuring that bank loans, mort- Mr. Speaker, nearly 2 years after our on the stock market was a clear reminder that gages, and credit cards are fair, affordable, Nation’s financial system stood on the we cannot allow a willful lack of responsible understandable, and transparent. We currently verge of collapse, Congress is working oversight to expose American families, Amer- have rules that keep companies from selling hard to protect American consumers ican business, and our whole economy to us toasters that burn down our homes. We and to grow our economy. The Wall such potential risk. should have similar rules that bar the financial Street Reform and Consumer Protec- Mr. Speaker, Members of Congressional industry from offering mortgage loans to peo- tion Act will accomplish both goals. Black Caucus continue to support the efforts ple who can’t afford repayment. This sweeping new legislation will to reform Wall Street. Ending predatory lending practices that oc- modernize America’s financial rules in Ms. JACKSON LEE of Texas. Mr. Speaker, curred during the subprime lending frenzy. response to the worst economic crisis I rise to speak about the special order topic of Shutting down ‘‘too big to fail’’ financial firms since the Great Depression. Once financial reform. I would like to thank my col- before risky and irresponsible behavior threat- signed into law, these tough new regu- league Congresswoman MARCIA FUDGE for ens to bring down the entire economy.

VerDate Mar 15 2010 07:50 Aug 06, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0688 Sfmt 9920 E:\BR10\H28JN0.000 H28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11816 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 8 June 28, 2010 Ending costly taxpayer bailouts with new New protections for grocers, retailers and Mr. OLSON, for 5 minutes, today. procedures to unwind failing companies that other small businesses facing out-of-control Mr. FORBES, for 5 minutes, June 29. pose the greatest risk—paid for by the finan- swipe fees that banks and other credit and Mr. MCHENRY, for 5 minutes, June 29, cial industry and not the taxpayers. debit card issuers charge these businesses for 30, July 1, and 2. Tough new rules on the riskiest financial debit or prepaid-card purchases. As a result, f practices that gambled with your money and merchants stand to save billions. caused the financial crash, like the credit de- Audits the Federal Reserve’s emergency BILLS PRESENTED TO THE fault swaps that devastated AIG, and common lending programs from the financial crisis and PRESIDENT sense regulation of derivatives and other com- limits the Fed’s emergency lending authority. Lorraine C. Miller, Clerk of the plex financial products. Includes a strong f House reports that on June 24, 2010 she ‘‘Volcker rule’’ that generally restricts large fi- SPECIAL ORDERS GRANTED presented to the President of the nancial firms with commercial banking oper- United States, for his approval, the fol- ations from trading in speculative investments. By unanimous consent, permission to address the House, following the legis- lowing bills. Tough enforcement and oversight with: lative program and any special orders H.R. 3962. To provide affordable, quality More enforcement power and funding for heretofore entered, was granted to: health care for all Americans and reduce the growth in health care spending, and for other the Securities and Exchange Commission, in- (The following Members (at the re- cluding requiring registration of hedge funds purposes. quest of Mr. BOOZMAN) to revise and ex- and private equity funds tend their remarks and include extra- f Enhanced oversight and transparency for neous material:) ADJOURNMENT credit rating agencies, whose seal of approval Mr. POE of Texas, for 5 minutes, July gave way to excessively risky practices that 2. Ms. FUDGE. Mr. Speaker, I move led to a financial collapse Mr. JONES, for 5 minutes, July 2. that the House do now adjourn. Reining in egregious executive compensa- Mr. BURTON of Indiana, for 5 minutes, The motion was agreed to; accord- tion and retirement plans by allowing a ‘say on July 2. ingly (at 7 o’clock and 27 minutes pay’ for shareholders, requiring independent Mr. MACK, for 5 minutes, today. p.m.), under its previous order, the directors on compensation committees, and Mr. BOOZMAN, for 5 minutes, today. House adjourned until tomorrow, Tues- limiting bank executive risky pay practices that Ms. ROS-LEHTINEN, for 5 minutes, day, June 29, 2010, at 9:30 a.m., for jeopardize banks’ safety and soundness.h today and June 30. morning-hour debate. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill S.1510, the United States Secret Service Uniformed Division Modernization Act of 2010, as amended by the House, for printing in the CONGRESSIONAL RECORD.

CBO ESIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1510, AN ACT TO TRANSFER STATUTORY ENTITLEMENTS TO PAY AND HOURS OF WORK AUTHORIZED BY LAWS CODIFIED IN THE DISTRICT OF COLUMBIA OFFICIAL CODE FOR CURRENT MEMBERS OF THE UNITED STATES SECRET SERVICE UNIFORMED DIVISION FROM SUCH LAWS TO THE UNITED STATES CODE, AND FOR OTHER PURPOSES, AS PROVIDED BY THE HOUSE COMMITTEE ON THE BUDGET ON JUNE 25, 2010

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (-) in the Deficit Statutory Pay-As-You-Go Impact a ...... 0 0 0 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 0 ¥3

a S. 1510 consists of three titles, concerning the United States Secret Service, the General Services Administration (GSA), and the Department of Defense (DOD). Title I would increase the annuity paid to retired members of the Secret Service Uniformed Division who participate in the District of Columbia Police and Firefighters Retirement and Disability System by 2.5 percent. CBO estimates that this change would increase payments (direct spending) to retired Secret Service employees by about $13 million over the 2010–2020 period. Title II would amend the Federal Property and Administrative Services Act to change the disposal process for surplus federal property by allowing GSA to retain and spend, without further appropriation, a larger share of the proceeds from property sales. CBO estimates that the title would increase direct spending by more than $15 million over the 2010–2020 period, but also would lead to the receipt of more than $30 million from additional property sales over the same period. Thus, title II would reduce net direct spending by about $15 million. Title III would allow DOD to waive recovery of certain voluntary separation incentive payments. Without that waiver authority, those recovered payments would be deposited in the Treasury. Waiving those repayments would result in for- gone receipts, and thus, increase direct spending by about $1h million over the 2010–2020 period. EXECUTIVE COMMUNICATIONS, 8124. A letter from the Director, office of ant to 31 U.S.C. 9106; to the Committee on ETC. Policy, Reports and Disclosures, Department Oversight and Government Reform. of Labor, transmitting the Department’s 8127. A letter from the President, Federal Under clause 2 of rule XIV, executive final rule — Notification of Employee Rights Under Federal Labor Laws (RIN: 1215-AB70; Home Loan Bank of Cincinnati, transmitting communications were taken from the the 2009 management report and statements Speaker’s table and referred as follows: 1245-AA00) received June 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on on system of internal controls of the Federal 8122. A letter from the Principal Deputy, Oversight and Government Reform. Home Loan Bank of Cincinnati, pursuant to Department of Defense, transmitting letter 8125. A letter from the Executive Vice 31 U.S.C. 9106; to the Committee on Over- providing notice that a commercial heli- President and Chief Financial Officer, Fed- sight and Government Reform. copter under contract with the Department eral Home Loan Bank of Atlanta, transmit- 8128. A letter from the Deputy Assistant was destroyed by hostile fire; to the Com- ting the 2009 management report and state- mittee on Armed Services. ments on system of internal controls of the Administrator for Regulatory Programs, Federal Home Loan Bank of Atlanta, pursu- NMFS, National Oceanic and Atmospheric 8123. A letter from the Acting Director, ant to 31 U.S.C. 9106; to the Committee on Administration, transmitting the Adminis- Pension Benefit Guaranty Corporation, Oversight and Government Reform. tration’s final rule — 2010 Annual Deter- transmitting the Corporation’s final rule — 8126. A letter from the First Vice Presi- benefits Payable in Terminated Single-Em- dent, Controller and Chief Accounting Offi- mination for Sea Turtle Observer Require- ployer Plans; Interest Assumptions for Val- cer, Federal Home Loan Bank of Boston, ments [Docket No.: 0906181067-0167-02] (RIN: uing and Paying Benefits, pursuant to 5 transmitting the 2009 management report 0648-XP96) received June 4, 2010, pursuant to U.S.C. 801(a)(1)(A); to the Committee on Edu- and statements of internal controls of the 5 U.S.C. 801(a)(1)(A); to the Committee on cation and Labor. Federal Home Loan Bank of Boston, pursu- Natural Resources.

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8129. A letter from the Assistant Adminis- to provide for the conveyance to the Bering NER, Mr. CHAFFETZ, Mr. COFFMAN of trator for Fisheries, NMFS, National Oce- Straits Native Corporation of certain other Colorado, Mr. DAVIS of Tennessee, anic and Atmospheric Administration, trans- public land in partial satisfaction of the land Mr. GRIFFITH, Mr. HALL of Texas, Mr. mitting the Administration’s final rule — entitlement of the Corporation under the LATTA, Mr. LATOURETTE, Mr. OLSON, Fisheries of the Northeastern United States; Alaska Native Claims Settlement Act; with Mr. POSEY, Mr. ROGERS of Alabama, Atlantic Deep-Sea Red Crab Fisheries; 2010 an amendment (Rept. 111–514). Referred to and Mr. BRIGHT): Atlantic Deep-Sea Red Crab Specifications the Committee of the Whole House on the H.R. 5614. A bill to impose certain require- [Docket No.: 100105009-0167-02] (RIN: 0648- State of the Union. ments on the expenditure of funds by the Na- AY51) received June 4, 2010, pursuant to 5 Mr. RAHALL: Committee on Natural Re- tional Aeronautics and Space Administra- U.S.C. 801(a)(1)(A); to the Committee on Nat- sources. H.R. 4445. A bill to amend Public tion for the Constellation program; to the ural Resources. Law 95–232 to repeal a restriction on treating Committee on Science and Technology. 8130. A letter from the Staff Director, Com- as Indian country certain lands held in trust By Mr. BILBRAY: mission Civil Rights, transmitting notifica- for Indian pueblos in New Mexico; with an H.R. 5615. A bill to amend the Internal Rev- tion that the Commission recently appointed amendment (Rept. 111–515). Referred to the enue Code of 1986 to repeal the medical de- members to the Colorado Advisory Com- Committee of the Whole House on the State vice tax, and for other purposes; to the Com- mittee; to the Committee on the Judiciary. of the Union. mittee on Ways and Means, and in addition to the Committee on Appropriations, for a 8131. A letter from the Staff Director, Com- f mission on Civil Rights, transmitting notifi- period to be subsequently determined by the cation that the Commission recently ap- PUBLIC BILLS AND RESOLUTIONS Speaker, in each case for consideration of such provisions as fall within the jurisdic- pointed members to the Louisiana Advisory Under clause 2 of rule XII, public tion of the committee concerned. Committee; to the Committee on the Judici- bills and resolutions of the following By Mr. CLAY (for himself and Mr. LAR- ary. SON of Connecticut): 8132. A letter from the Staff Director, Com- titles were introduced and severally re- ferred, as follows: H.R. 5616. A bill to authorize appropria- mission on Civil Rights, transmitting notifi- tions for the National Historical Publica- cation that the Commission recently ap- By Mr. HALL of New York (for himself tions and Records Commission through fiscal pointed members to the Oregon Advisory and Mr. MCMAHON): year 2015, and for other purposes; to the Committee; to the Committee on the Judici- H.R. 5609. A bill to amend the Federal Elec- Committee on Oversight and Government ary. tion Campaign Act of 1971 to prohibit any Reform. 8133. A letter from the Deputy Chief Finan- registered lobbyist whose clients include for- By Mr. MCDERMOTT (for himself, Mr. cial Officer, Department of Homeland Secu- eign governments which are found to be BLUMENAUER, Mr. SARBANES, Ms. rity, transmitting notification that a trans- sponsors of international terrorism or in- SCHWARTZ, and Mr. THOMPSON of Cali- fer of $100 million from the Oil Spill Liabil- clude other foreign nationals from making fornia): ity Trust Fund to the Emergency Fund has contributions and other campaign-related H.R. 5617. A bill to amend the Internal Rev- occurred; to the Committee on Transpor- disbursements in elections for public office; enue Code of 1986 to provide for home energy tation and Infrastructure. to the Committee on House Administration. conservation bonds; to the Committee on 8134. A letter from the Deputy Associate By Mr. GEORGE MILLER of California Ways and Means. Commissioner, Office of Regulations, Social (for himself, Ms. WOOLSEY, Mr. FIL- By Mr. MCDERMOTT (for himself and Security Administration, transmitting the NER, and Mr. FARR): Mr. LEVIN): Administration’s final rule — Consultative H.R. 5610. A bill to provide a technical ad- H.R. 5618. A bill to continue Federal unem- Examination — Annual Onsite Review of justment with respect to funding for inde- ployment programs; to the Committee on Medical Providers [Docket No.: SSA-2006- pendent living centers under the Rehabilita- Ways and Means, and in addition to the Com- 0109] (RIN: 0960-AH17) received June 4, 2010, tion Act of 1973 in order to ensure stability mittee on the Budget, for a period to be sub- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for such centers; to the Committee on Edu- sequently determined by the Speaker, in mittee on Ways and Means. cation and Labor. each case for consideration of such provi- 8135. A letter from the Secretary, Depart- By Mr. LEVIN (for himself, Mr. OBER- sions as fall within the jurisdiction of the ment of Energy, transmitting the Depart- STAR, Mr. MICA, Mr. COSTELLO, Mr. committee concerned. ment’s report to Congress concerning the PETRI, Mr. CAMP, and Mr. LEWIS of By Mr. OWENS: Mixed Oxide (MOX) Fuel Fabrication Facil- Georgia): H.R. 5619. A bill to amend the SAFE Port ity being constructed at the Department’s H.R. 5611. A bill to amend the Internal Rev- Act to provide for the eligibility of certain Savannah River Site near Aiken, South enue Code of 1986 to extend the funding and third party logistics providers for participa- Carolina, pursuant to 50 U.S.C. 4306(a)(3); expenditure authority of the Airport and tion in the Customs-Trade Partnership jointly to the Committees on Armed Serv- Airway Trust Fund, to amend title 49, United Against Terrorism program; to the Com- ices and Energy and Commerce. States Code, to extend authorizations for the mittee on Homeland Security. 8136. A letter from the Assistant Secretary, airport improvement program, and for other By Ms. ROS-LEHTINEN (for herself, Legislative Affairs, Department of State, purposes; to the Committee on Transpor- Ms. WASSERMAN SCHULTZ, Mr. MARIO transmitting a joint report that describes ac- tation and Infrastructure, and in addition to DIAZ-BALART of Florida, Mr. SIRES, tivities related to the Proliferation Security the Committee on Ways and Means, for a pe- and Mr. LINCOLN DIAZ-BALART of Initiative, including associated funding, that riod to be subsequently determined by the Florida): H.R. 5620. A bill to amend the Cuban Lib- are planned to be carried out by the United Speaker, in each case for consideration of erty and Democratic Solidarity (LIBERTAD) States over the next three fiscal years; joint- such provisions as fall within the jurisdic- Act of 1996 to exclude from the United States ly to the Committees on Foreign Affairs and tion of the committee concerned. aliens who contribute to the ability of Cuba Armed Services. By Mr. BLUMENAUER (for himself, to develop petroleum resources located off f Mr. THOMPSON of California, Ms. Cuba’s coast and to provide for the imposi- BERKLEY, Ms. GIFFORDS, Mr. REPORTS OF COMMITTEES ON tion of sanctions and prohibition on facilita- MCDERMOTT, and Mr. GARAMENDI): tion of development of Cuba’s petroleum re- PUBLIC BILLS AND RESOLUTIONS H.R. 5612. A bill to amend the Internal Rev- sources, and for other purposes; to the Com- Under clause 2 of rule XIII, reports of enue Code of 1986 to temporarily increase the mittee on the Judiciary, and in addition to committees were delivered to the Clerk investment tax credit for geothermal energy the Committees on Foreign Affairs, Finan- property; to the Committee on Ways and cial Services, and Oversight and Government for printing and reference to the proper Means. calendar, as follows: Reform, for a period to be subsequently de- By Mr. COHEN (for himself, Mr. termined by the Speaker, in each case for Mr. RAHALL: Committee on Natural Re- ARCURI, Mr. DEFAZIO, Mr. FILNER, consideration of such provisions as fall with- sources. H.R. 1554. A bill to take certain Mr. KAGEN, Mr. PATRICK J. MURPHY in the jurisdiction of the committee con- property in McIntosh County, Oklahoma, of Pennsylvania, Mr. TONKO, Mr. cerned. into trust for the benefit of the Muscogee TIERNEY, and Mr. YARMUTH): By Ms. LINDA T. SA´ NCHEZ of Cali- (Creek) National, and for other purposes; H.R. 5613. A bill to require that vessels fornia (for herself, Ms. LEE of Cali- with an amendment (Rept. 111–513). Referred used to engage in drilling for oil or gas in fornia, and Mr. PAUL): to the Committee of the Whole House on the ocean waters that are subject to the jurisdic- H.R. 5621. A bill to amend the Water Re- State of the Union. tion of the United States must be docu- sources Development Act of 1986 to authorize Mr. RAHALL: Committee on Natural Re- mented under chapter 121 of title 46, United funds in the Harbor Maintenance Trust Fund sources. H.R. 2340. A bill to resolve the States Code; to the Committee on Transpor- to be used to pay up to 100 percent of the eli- claims of the Bering Straits Native Corpora- tation and Infrastructure. gible costs of preparing Federal environ- tion and the State of Alaska to land adjacent By Mr. ADERHOLT (for himself, Mr. mental impact statements for certain navi- to Salmon Lake in the State of Alaska and BACHUS, Mr. BISHOP of Utah, Mr. BON- gation projects, and for other purposes; to

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the Committee on Transportation and Infra- Filipino Veterans Family Reunification Act H.R. 4128: Mr. ROTHMAN of New Jersey. structure, and in addition to the Committee of 2009; to the Committee on the Judiciary. H.R. 4296: Mr. DOYLE. on Ways and Means, for a period to be subse- 329. Also, a memorial of the House of Rep- H.R. 4308: Mr. FLAKE. quently determined by the Speaker, in each resentatives of the State of Illinois, relative H.R. 4505: Mr. ISSA. case for consideration of such provisions as to House Resolution No. 1081 urging the Con- H.R. 4557: Mr. RYAN of Ohio, Mr. SCOTT of fall within the jurisdiction of the committee gress to pass H.R. 3410, the Taking Respon- Georgia, and Mr. SIRES. concerned. sible Action for Community Safety Act; to H.R. 4597: Ms. HIRONO and Mr. GRIJALVA. By Ms. WATSON: the Committee on Transportation and Infra- H.R. 4693: Mr. HALL of New York. H. Res. 1480. A resolution commending the structure. H.R. 4883: Mrs. BLACKBURN. University of Southern California Trojan 330. Also, a memorial of the House of Rep- H.R. 4894: Mr. DJOU. men’s tennis team for its victory in the 2010 resentatives of the State of Hawaii, relative H.R. 4943: Mr. SCALISE. National Collegiate Athletic Association to House Resolution No. 82 urging the Presi- H.R. 5081: Mr. CARSON of Indiana and Mr. (NCAA) Men’s Tennis Championship; to the dent and the Congress to expedite the proc- BRALEY of Iowa. Committee on Education and Labor. essing of all claims for payment, and the dis- H.R. 5211: Mr. CARSON of Indiana. By Ms. SCHWARTZ (for herself and Mr. tribution of checks to Filipino veterans H.R. 5234: Mr. BARROW and Mr. KINGSTON. SAM JOHNSON of Texas): under ARRA; to the Committee on Veterans’ H.R. 5244: Mr. BOOZMAN. H. Res. 1481. A resolution supporting the Affairs. H.R. 5258: Mr. DANIEL E. LUNGREN of Cali- goals and ideals of ‘‘National Save for Re- 331. Also, a memorial of the House of Rep- fornia and Mr. ISSA. tirement Week’’, including raising public resentatives of the State of Hawaii, relative H.R. 5268: Mr. ROTHMAN of New Jersey and awareness of the various tax-preferred retire- to House Resolution No. 65 supporting con- Mr. SERRANO. ment vehicles and increasing personal finan- gressional and state funding for broadband H.R. 5358: Mr. HASTINGS of Florida and Mrs. cial literacy; to the Committee on Ways and infrastructure in rural areas; jointly to the CAPPS. Means. Committees on Agriculture and Energy and H.R. 5359: Mr. BACA. By Mr. BILBRAY (for himself and Mrs. Commerce. H.R. 5374: Mr. SMITH of Texas and Mr. DAVIS of California): f BILBRAY. H. Res. 1482. A resolution commemorating H.R. 5426: Mrs. EMERSON and Mr. HILL. the 40th annual meeting of the Society for ADDITIONAL SPONSORS H.R. 5434: Mr. COURTNEY and Mr. MCCOT- Neuroscience; to the Committee on Energy Under clause 7 of rule XII, sponsors TER. and Commerce, and in addition to the Com- H.R. 5457: Mr. LANGEVIN. mittee on Science and Technology, for a pe- were added to public bills and resolu- H.R. 5478: Mr. RUSH. riod to be subsequently determined by the tions as follows: H.R. 5501: Mr. MORAN of Kansas. Speaker, in each case for consideration of H.R. 442: Ms. JENKINS and Mr. MORAN of H.R. 5503: Mr. BACA and Mr. THOMPSON of such provisions as fall within the jurisdic- Kansas. Mississippi. tion of the committee concerned. H.R. 484: Mr. TIAHRT. H.R. 5523: Mr. MCCLINTOCK and Mrs. By Mr. GINGREY of Georgia (for him- H.R. 571: Ms. FUDGE. MCMORRIS RODGERS. self and Mr. SKELTON): H.R. 697: Mr. MARKEY of Massachusetts and H.R. 5525: Mr. WESTMORELAND. H. Res. 1483. A resolution recognizing the Ms. RICHARDSON. H.R. 5572: Mr. ORTIZ. exemplary service and sacrifice of the sol- H.R. 745: Mrs. DAVIS of California. H.R. 5577: Ms. LEE of California. diers of the 14th Armored Division of the H.R. 1034: Mr. MAFFEI. H.R. 5578: Ms. LEE of California. United States Army, known as the Lib- H.R. 1036: Mr. CAPUANO. H.R. 5579: Ms. LEE of California. erators, during World War II; to the Com- H.R. 1203: Mr. SHERMAN. H. Con. Res. 207: Mr. TIAHRT. mittee on Armed Services. H.R. 1230: Ms. FUDGE. H. Con. Res. 284: Mr. SABLAN and Mr. CAS- f H.R. 1240: Mr. GUTHRIE. TLE. H.R. 2083: Mr. HOEKSTRA. H. Con. Res. 287: Mr. MCCLINTOCK. MEMORIALS H.R. 2378: Ms. SCHAKOWSKY. H. Res. 202: Mr. GORDON of Tennessee. Under clause 4 of rule XXII, memo- H.R. 2866: Mr. GARAMENDI, Mrs. EMERSON, H. Res. 308: Ms. PINGREE of Maine. and Mr. PAULSEN. H. Res. 510: Mr. BARTLETT and Mr. BUR- rials were presented and referred as fol- H.R. 2870: Mr. YOUNG of Alaska and Ms. GESS. lows: EDDIE BERNICE JOHNSON of Texas. H. Res. 937: Mr. PIERLUISI. 327. The SPEAKER presented a memorial H.R. 3025: Mr. VAN HOLLEN. H. Res. 1207: Mr. GARAMENDI. of the House of Representatives of the State H.R. 3286: Mr. PERLMUTTER and Mr. H. Res. 1244: Mr. POLIS of Colorado. of Hawaii, relative to House Concurrent Res- SABLAN. H. Res. 1279: Mr. CALVERT. olution No. 282 urging the Congress to pro- H.R. 3408: Mr. SCHAUER, Mr. SESTAK, Mr. H. Res. 1365: Mr. EDWARDS of Texas. pose a constitutional amendment to clarify OWENS, Mr. CHILDERS, Mr. ELLSWORTH, Ms. H. Res. 1401: Mr. STARK, Mr. BERMAN, Mr. the distinction between the rights of natural CORRINE BROWN of Florida, Mr. PASCRELL, WOLF, Mr. PASTOR of Arizona, Mr. CRITZ, and persons and the rights of corporations; to the Ms. BALDWIN, and Mr. HILL. Ms. SCHWARTZ. Committee on the Judiciary. H.R. 3487: Mr. COHEN. H. Res. 1437: Mr. SMITH of Texas. 328. Also, a memorial of the House of Rep- H.R. 3508: Mr. DJOU. H. Res. 1450: Mr. SMITH of Texas. resentatives of the State of Hawaii, relative H.R. 3729: Ms. GIFFORDS and Mr. WU. H. Res. 1454: Ms. EDDIE BERNICE JOHNSON of to House Resolution No. 30 urging the Presi- H.R. 3790: Mr. ROSS. Texas. dent and the Congress to pass S. 1337, The H.R. 4051: Mr. FILNER. H. Res. 1460: Mrs. LUMMIS.

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The Senate met at 2 p.m. and was The SECRETARY OF THE SENATE. with the British Parliament. There called to order by Nancy Erickson, Sec- The clerk will report the resolution by were a number of us there, eight or retary of the Senate. title. nine Senators, and a like number of The assistant legislative clerk read British Parliamentarians. I can re- PRAYER as follows: member that night so well. We had the The Chaplain, Dr. Barry C. Black, of- A resolution (S. Res. 567) to elect DANIEL music up there he liked the best—blue- fered the following prayer: K. INOUYE, a Senator from the State of Ha- grass music—and they played. It was a Let us pray. waii, to be President pro tempore of the Sen- festive evening. Immortal, invisible God only wise, ate of the United States. Then it came time for the program. the fountain of every blessing, we The resolution (S. Res. 567) was In the program, Senator BYRD said: I thank You for the life and legacy of agreed to, as follows: am going to say a few things. And he Senator ROBERT C. BYRD, our friend S. RES. 567 passed out little notebooks. He had and colleague whose death we grieve notebooks passed out to everyone there today. We praise You for his more than Resolved, That Daniel K. Inouye, a Senator from the State of Hawaii, be, and he is here- with a little pencil. He wanted to make five decades of exemplary service to by, elected President of the Senate pro tem- sure everything was just right; that our Nation and the citizens of West pore. people, if they had something to write, Virginia, for the way he carried out his f had something to write on and write duties with integrity and faithfulness. with. And he proceeded, standing there ADMINISTRATION OF OATH OF We are grateful that he knew when to without a note, to pronounce the reign OFFICE be the gadfly, to ask the tough ques- of the British monarchs, from the be- tions, and to challenge the status quo. The SECRETARY OF THE SENATE. ginning to the end. He would give the Lord, You gave him courage to make Without objection, Senator INOUYE will dates they served. On some of the more course corrections both privately and be escorted to the desk. difficult spellings, he would spell the publicly and empowered him to oppose The President pro tempore-elect, es- name. And he would, as I indicated, if without bitterness, to compromise corted by Mr. REID and Mr. AKAKA re- it was something he really wanted to with wisdom, and to yield without spectively, advanced to the desk of the being defeated. I thank You that he talk about that they had accomplished Vice President; the oath prescribed by that he thought was noteworthy, he was my friend. law was administered to him by the Lord, we pray for his loved ones, our would tell us about that. That took Secretary of the Senate; and he sub- Senate family, and all who mourn his about an hour and a half to do that. scribed to the oath in the Official Oath passing. May his many contributions The British Parliamentarians were to our Nation not be forgotten by this Book. stunned. They had never heard anyone and succeeding generations. May all of Mr. INOUYE thereupon assumed the who could do anything like that, an us who had the privilege of knowing chair as President pro tempore. American talking about the reign of our Nation’s longest serving legislator The PRESIDENT pro tempore. The the British monarchs. Those of us who emulate his passion, patience, and per- majority leader. were Senators, nothing surprised us severance. Give him a crown of right- f that he could do from memory. I can remember when he decided he eousness and permit him to hear You REMEMBERING SENATOR ROBERT was no longer going to be the Demo- say, ‘‘Well done, good and faithful serv- C. BYRD ant.’’ cratic leader, Senator Dole did an We pray in Your merciful Name. Mr. REID. Mr. President, our Senate event for him in the Russell Building, Amen. family grieves today with the Byrd and all Senators were there, Demo- family over the loss of one of the most f cratic and Republican Senators. He dedicated Americans ever to serve this told us a number of things he did not PLEDGE OF ALLEGIANCE country; one of the most devoted men do, and he told us a number of things The Secretary of the Senate led the ever to serve his State; one of the most he did do. For example, he read the En- Pledge of Allegiance, as follows: distinguished Senators ever to serve in cyclopedia Britannica from cover to I pledge allegiance to the Flag of the the Senate. cover twice. He studied the dictionary. United States of America, and to the Repub- ROBERT BYRD’s mind was among the He read that from cover to cover dur- lic for which it stands, one nation under God, greatest the world has ever seen. As a ing one of our breaks. indivisible, with liberty and justice for all. boy, he was called upon, when he was I have told this story on an occasion f in elementary school, to stand before or two, but to give the depth of this RECOGNITION OF THE MAJORITY the class and recite not paragraphs man’s memory—I had been to Nevada, LEADER from the assignment of the night be- and when I came back, he asked me: fore but pages of the night before. He The SECRETARY OF THE SENATE. What did you do? did this from memory. I said: Senator BYRD, I pulled a book The majority leader is recognized. From his graduation as valedictorian out of my library on the way back. I f of his high school class at the age of 16 didn’t have anything to read. It was a MOMENT OF SILENCE to his death this morning as the Sen- paperback. I read ‘‘The Adventures of Mr. REID. I ask that the Senate ob- ate’s President pro tempore at age 92, Robinson Crusoe.’’ serve a moment of silence for Senator he mastered everything he touched And as those of us who can remember BYRD. with great thoughtfulness and skill. him, he looked at me and he held his (Moment of silence.) This good man could drive from his head back a little bit and his eyes f home here in Washington to West Vir- rolled back and he said: Robinson Cru- ginia and back—it took 8 hours—recit- soe. He proceeded to tell me—I had just ELECTING SENATOR DANIEL K. ing classic poetry the entire time, and read the book—how long he had been INOUYE PRESIDENT PRO TEMPORE not recite the same poem twice. on that island: 28 years, 3 months, a Mr. REID. I have a resolution at the I was asked by Senator BYRD to trav- week, and 2 days, or whatever it was. I desk and ask for its consideration. el to West Virginia to do an exchange was stunned. I did not know. I went

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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It was really stunning, the man’s unyielding respect he had for the Sen- be forever remembered as one of them. memory. ate—a reverence the Senate always re- f The head of the political science de- turned to him and now to his memory. partment at the University of Nevada With ROBERT BYRD’s passing, Amer- SCHEDULE at Las Vegas, Andy Tuttle, taught a ica has lost its strongest defender of its Mr. REID. Mr. President, following graduate course, based on Senator most precious traditions. It now falls leader remarks, the Senate will turn to BYRD’s lectures on the Roman Empire. to each of us to keep that flame burn- a period of morning business until 3 He gave 10 lectures here on the Sen- ing. p.m., with Senators permitted to speak ate floor on the fall of the Roman Em- Throughout one of the longest polit- for up to 10 minutes each. Following pire. He gave a lecture because he was ical careers in history, no one in West leader remarks, the Senate will resume concerned because of the line-item Virginia ever defeated ROBERT BYRD in consideration of the motion to proceed veto, and he felt the line-item veto a single election. In Washington, his to H.R. 5297, the small business jobs would be the beginning of the end of fellow Democrats twice elected him to bill. At 5 p.m., the Senate will proceed the Senate. He proceeded to give 10 lec- lead us when we were in the majority to executive session and debate the tures on that on the Senate floor, and once more when we were in the mi- nomination of Gary Feinerman to be a every one of them from memory—every nority. Having seen both sides, he Federal judge—that will be until 5:30— one of them from memory. Timed just knew better than most that legislating with the time equally divided and con- perfectly. They ended in 1 hour. That is is the art of compromise. Many years trolled between Senators LEAHY and how much time he had been given. The ago, in this Chamber where he served SESSIONS or their designees. There will original Roman Emperors served for 1 longer than any other Senator, Senator be a series of two rollcall votes at 5:30. year. He could do it from memory. He BYRD taught a heartfelt history lesson The first vote will be on the motion to knew who they were, how long they to guide our future. It was a lesson invoke cloture on the motion to pro- served, knew how to spell their about both the Constitution and this ceed to the small business jobs bill. names—truly an unbelievably brilliant institution. He said: The second vote will be on the con- man. This very charter of government under firmation of the Feinerman nomina- He is the only person who earned his which we live was created in a spirit of com- tion. law degree while he was a Member of promise and mutual concession. And it is I suggest the absence of a quorum. only in that spirit that continuance of this Congress. What he accomplished is The PRESIDING OFFICER (Mr. really very long. His thirst for knowl- charter of government can be prolonged and sustained. BEGICH). The clerk will call the roll. edge was simply without equal. The assistant legislative clerk pro- In his tenure he saw partisanship and Senator BYRD once observed that the ceeded to call the roll. longer he lived, the better he under- bipartisanship, war and peace, reces- Mr. MCCONNELL. I ask unanimous sion and recovery. His perspective and stood how precious the gift of our time consent that the order for the quorum legacy are invaluable to the way we on Earth was. call be rescinded. I quote Senator BYRD: carry ourselves as United States Sen- The PRESIDING OFFICER. Without ators. It is instructive that the man As you get older, you see time running out. objection, it is so ordered. It is irretrievable and irreversible. But one who served the longest and saw the should never retire from learning and most concluded we must work together f growth. as partners, not partisans, for the good RECOGNITION OF THE MINORITY ROBERT BYRD never retired from any- of our States and our country. LEADER thing. He served in the Senate for more In 1996, ROBERT BYRD spoke to a than half a century and the House of meeting of incoming Senators and re- The PRESIDING OFFICER. The mi- Representatives for 6 more years, and minded them that the Senate is still nority leader is recognized. he dedicated every one of those days to the anchor of the Republic. Senator f strengthening the State and the Nation BYRD was the anchor of the Senate. he loved so dearly. He never once There will never be another like him. REMEMBERING SENATOR ROBERT stopped fighting for the good people of He was a Member of this Nation’s C. BYRD West Virginia and for the principles in Congress for more than a quarter of the Mr. MCCONNELL. Mr. President, I our founding documents. He was for- time it has existed, and longer than a too wish to say a few words about our ever faithful to his constituents, his quarter of today’s sitting Senators and departed colleague. The first thing to Constitution, and his country. He the President of the United States have say is that we are sorry, first and fore- fought for what he thought was right, been alive. His political career spanned most, to the family and also to the and when he was wrong, he was wise countless American advances and staff of Senator BYRD for their loss. enough to admit it, and he did admit it achievements. A dozen men called the The next thing to say is that it is a sad a few times. Oval Office his own while Senator BYRD day for the Senate. Everybody who has Senator BYRD’s ambition was leg- called the Capitol Building his office— been here for a while has a few ROBERT endary. He took his oath in this Cham- and he would be the first to remind us BYRD stories. A couple come to mind I ber on January 3, 1959, the same day that those two branches are equal in thought I would share. Alaska became our 49th State. He told the eyes of the Constitution. I have Along with Senator REID and Senator the Charleston Gazette newspaper in heard him say so many times that we DODD, who were here on the floor ear- that freshman year: work with the President, not under the lier, Senator BYRD, in the early part of If I live long enough, I’d like to be Chair- President. the decade, responded to my request to man of the Senate Appropriations Com- The nine times the people of his come down to the University of Louis- mittee. State sent him to the Senate and the ville, my alma mater, to speak to the Thirty years later, he was, and then more than 18,500 votes he cast here will students and to a broader audience. At he lived and served for 21 more years. never be matched. his age and particularly given the fact His legislative accomplishments are As the President pro tempore and I, that I was a member of the opposition many, and those achievements fortify and each of us fortunate enough to be party, there was, frankly, no particular his incomparable legacy. But he is per- here, have the privilege of knowing reason for him to do that. But he did haps best known in this Chamber as firsthand, it was an incomparable and made an extraordinary impression the foremost guardian of the Senate’s privilege to serve with him and learn on the students and inconvenienced

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I had the floor with 4 future Presidents, 4 of ate only serve as one form of proof that reflexively, as I think many Members the 12 he would serve alongside in a 57- ROBERT C. BYRD was and always will be had, responded negatively to a decision year career in Congress. I won’t enu- an icon, particularly in his own State. of the U.S. Supreme Court in the late merate all the legislative records Sen- A man of great character, faith, intel- 1980s essentially holding that flag ator BYRD held, but I would venture to lect, who rose to the heights of power, burning was a permissible first amend- say that the figure that probably made yet never forgot where he came from, ment expression of political speech. him proudest of all was the nearly 70 his story holds such a profoundly sig- The first time that amendment came years of marriage he spent with a coal nificant place in both West Virginia before the Senate, I voted for it. Then miner’s daughter named Erma. and American history. But it was in I began to have some pangs of discom- If he was synonymous with the Sen- the coalfields of southern West Vir- fort about my position. Having spent a ate, he was no less synonymous with ginia where a young ROBERT C. BYRD good portion of my political career fo- West Virginia. Here is how popular first gained the skills, the moral char- cusing on political speech and the first ROBERT BYRD was in his home State: In acter, the toughness, and the shrewd- amendment, I, frankly, decided I was the year ROBERT BYRD was first elected ness that would make him a truly wrong and in subsequent votes have op- to the U.S. Senate, 1958, he won with 59 great man. posed it. percent of the vote, a margin that most After his mother passed away, he was A few years ago, it became clear it people around here would consider a raised by his aunt and uncle, a was going to be defeated in the Senate landslide. In a record 9 Senate elec- coalminer, he movingly called ‘‘the by the narrowest of margins. I remem- tions, it was the smallest margin of most remarkable man I have ever been bered that Senator BYRD was always victory he would ever get. privileged to know.’’ From them Sen- carrying around a Constitution in his Members will offer tributes of their ator BYRD learned early in life what it pocket and had a feeling that upon re- own in the coming days. meant to be loyal, to have a ferocious flection, he might reach the same con- I will close with this. Last year, in work ethic, really almost beyond clusion I did. So I lobbied Senator becoming the longest serving Member imagination, and possess a deep faith BYRD. I thought initially it would be a of Congress in history, Senator BYRD in God. And it was these values—these futile act, but he reexamined his posi- surpassed another legendary figure, innately West Virginia values, I tion. As a result, he too changed his Carl Hayden of Arizona. Hayden was argue—that guided his every action position, and as it turns out, there was known to many as the ‘‘silent Sen- and made him such a unique and strong not a vote to spare the last time the ator,’’ a phrase few would use to de- fighter for our State and who got such Senate considered whether it would be scribe Senator BYRD. joy in doing that fight. appropriate to amend the first amend- But what the two men shared was a He was proud of West Virginia. He ment for the first time in the history devotion to the United States and, in was proud of his ideals. He was proud of of the country to kind of carve a niche particular, to the legislative branch of the service he could render to the peo- out of it to make it possible to punish our Government, which the founders ple from whom he came. He believed an act we all find despicable. But, nev- envisioned and established as coequal with all of his heart that our breath- ertheless, the most unfortunate of with the other two. taking mountains, our rivers, and our speech is probably what the first A few years ago, Senator BYRD’s offi- deep valleys, and especially our well- amendment was all about initially. So cial portrait was unveiled at an event rooted people, who face adversity al- Senator BYRD did change his position. in the Old Senate Chamber. And I ways and face it with strength and There was not a vote to spare, and the think that portrait pretty well sums up courage, make our State a place like amendment was defeated. And from my the image Senator BYRD wanted to quite none other in the world. point of view, the first amendment was leave of himself. It is the image of a He loved the music of the mountains saved on that important occasion. dignified man, in the classical mold, and played his fiddle, in fact, very bril- We will all remember Senator BYRD supported by three things: the Bible, liantly. He was a master violin player. for a variety of different things. As the the U.S. Constitution, and his wife. A He loved to quote the ancients, lending majority leader pointed out, he was a lot of people looked at Senator BYRD’s depth to his analysis and observations, unique individual in so many different record-long tenure in Congress, his im- with knowledge of history and philos- ways. Those are two of my favorite sto- mense knowledge of poetry, history, ophy to rival any professor. Just as ries about ROBERT BYRD. and the Senate, and wondered where he easily as he could quote Cicero from More than anyone else in any of our got the strength. With this painting, he memory, he could sing every verse of lifetimes, ROBERT BYRD embodied the gave us the answer. He showed us the ‘‘Amazing Grace’’ from memory, too, Senate. He not only wrote the book on anchors. and often did. it, he was a living repository of its As I noted at that ceremony, Senator Everything about Senator BYRD was rules, its customs, and its prerogatives. BYRD once wrote that if the question a testament to his faith in God. This So it would be a mistake to think that was whether to be loved or respected, man, who wrote and debated countless Senator BYRD became synonymous he always chose to be respected. Yet laws, lived with 10 clear Command- with the Senate simply because he his real accomplishment is that, in the ments in his heart. His aunt and uncle served in it longer than anybody else. end, he managed to be both. kept the King James Bible in their Rather, it was a fitting coincidence So I join my colleagues, my fellow home and instilled in him an enduring that a man who cherished and knew Americans, the people of West Vir- reverence for God. He always remem- this place so well would become its ginia, and the Byrd family today in re- bered that as important as the Senate longest serving Member. membering our colleague. We will sure- and our constitutional government Yet it is probably true that he will be ly miss him. might be, there was always a higher remembered above all for his lon- I yield the floor. law that took precedence. gevity. The PRESIDING OFFICER. The Sen- He started his career humbly by any Everyone seems to have a different ator from West Virginia. definition—as a butcher, as a welder, way of communicating just how long a Mr. ROCKEFELLER. Mr. President, other things too—and then campaigned time he spent here. For me, it is on this day, West Virginia has lost by playing his foot-stomping music, enough to note that ROBERT BYRD had probably its most prominent son and the fiddle, to get elected to the West

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11822 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 Virginia Legislature—that is how he said many times before, more leader- our country got the respect, the sup- did it—the very same body that dec- ship posts than any other Senator, cast port, the supplies they needed and they ades later would deem him the ‘‘West more votes than any other Senator, deserved. Virginian of the 20th Century.’’ and served longer than any other Sen- He also earned the loyalty of West It was at Mark Twain High School ator. And one could go on in many Virginians with a record of support for where a lifetime of love first began for ways in that theme. He literally wrote education and economic opportunity ROBERT C. BYRD and his future wife, the authoritative book on the rules and that few Senators, at any time, in any Erma Ora James. Calling her the ‘‘wind procedures of the Senate. He taught all State, in my judgment, could ever beneath this BYRD’s wings,’’ as he put of us who were freshmen in this body match. To him, every school building it, Senator BYRD was never shy to tell about that in classes which he would or education grant was a chance for a you that Erma—a beloved coal miner’s conduct standing in the well of the better life for some West Virginia child daughter herself—was the reason he Senate. He loved and he revered this or maybe quite a lot of children. He reached all of his goals. He believed institution. Everybody says that. It is cared about that, and he helped that that with all of his heart. So from the true. become true. fiddle-playing young man to a history- Some people pass through this insti- Every overpass, every road rep- making American icon, she loved and tution. They experience this institu- resented an opportunity for a more dy- supported him every step of the way tion. He lived this institution. Yet, namic economy for our cities and until her passing in 2006. still, his entire career was fundamen- towns, which might be taken casually I know and I observed maybe earlier tally an act of commitment to the in some places but not in West Virginia than some that Senator BYRD lost just State of West Virginia and its people— because only 4 percent of our land is a bit when Erma died. Watching him a day-in and day-out effort to do the flat, and unless there is a road or a hurting was painful. His wife died from best he possibly could for the people of bridge, you cannot build anything any- the same disease my mother died from; the Mountain State; always put upon, where or virtually do anything any- that is, Alzheimer’s, and we talked often looked down upon, even disdained where. Every business park or govern- about it, especially a few years ago by others who did not understand ment office meant the possibility of a when he was talking more frequently. I where they came from, what their lives better job for West Virginians trying to always felt bad that I could not give were like, and, for example, what it raise their families—people he fought him comfort and that I could not say was like to be a coal miner. People do for all his life. something to him that would relin- not understand West Virginia well. Senator BYRD also believed health quish his pain, which was evident and Most people do not go there. Senator care is one of the most important ways obvious—very obvious in privacy. But I BYRD sprung from West Virginia and, to strengthen a community, and his could not do that because you cannot yes, was an intensely devoted states- support for medical research resulted do that for diseases like that one. man. in breakthrough medical opportunities. There were not words to describe the He put himself through law school He spread this research all across West difficulty such a devastating loss can while also serving in Congress. I know Virginia, to West Virginia University, bring, and I commend my friend for a few others have done that, but I just to Marshall University, to institutions continuing on so strongly—as he did— sort of deny that. I think it is amazing of all kinds. He believed in medical re- for so long. that Senator BYRD did that; therefore, search and did more than most of our Erma was his soulmate, his best any others who did it do not get my at- colleagues even know. friend and trusted counselor. Their tention. So in a State with rugged terrain, marriage was something to behold. My He understood that people with the full of people like the family who wife Sharon and I loved watching them fortitude to ask questions and to de- raised him, doing their best for their together. He became a different person. bate and to dissent one from another family, for their country, for their God, They radiated an extraordinary faith makes America stronger. He had that ROBERT C. BYRD decided that somebody in God, in each other, and in the beau- courage himself, standing up time and needed to do the best for them, and he tiful family they built together, which time again to defend the ideals upon did so each and every day of his life. in the end was what he loved the most. which our Nation was founded. And To me, he was a perfect colleague and Indeed, it was the time ROBERT C. BYRD often those ideas were very different a reliable friend, a walking example of spent with Erma; their daughters, from those of others. No matter with the kind of America I believe in, and a Mona and Marjorie, their husbands, Senator BYRD; he always spoke for living testament to the values that and their grandchildren and their what he felt was correct. made West Virginia my own home for- great-grandchildren that brought sheer As the minority leader has pointed ever. It has been my greatest privilege joy—pure, unadulterated—to his life. out, the Senator always had the Con- to serve with ROBERT C. BYRD in the So with sadness in my heart, I also stitution in his pocket, close to his U.S. Senate. I respected him and I have joy at the thought of my friend heart. And he outlasted Presidents and fought side-by-side with him for causes united with his precious Erma, with his Supreme Court Justices. He served we both believed in, and obviously I am dear grandson he lost at a young age. with an absolute insistence on the profoundly saddened that he is gone. And we all know, those of us who have equality of the three branches of gov- So in closing, Mr. President, I think been here for several years, the agony ernment as envisioned by our Founding he leaves a void that probably cannot he went through at the death of that Fathers, and he, therefore, helped us as be filled. But I am lifted by the knowl- young man, setting up a shrine in his a body be more than our separate edge of his deep and abiding faith and office. It affected him deeply. It was in- parts. He spread the words of our Con- that he is in the hands of the One who teresting that a man who could be so stitution to young children and his col- inspired these words in ‘‘Amazing oriented toward policy, and sometimes leagues alike. His patriotism was Grace: almost remote from personal matters, strong and confident, infusing his Yea, when this flesh and heart shall fail, as a professional self-definition, could every action with deep devotion for our And mortal life shall cease, be so utterly moved by sadness in his Nation and its people. I shall possess within the veil, own life and I think in the lives of oth- A Senator from a State that has sent A life of joy and peace. ers. legions of sons and daughters to war— I think that gives all of us some com- It was in the Halls of the U.S. Senate out of courage, out of love of country, fort. It certainly does me. where ROBERT C. BYRD became known sometimes just out of a need to get So peace and Godspeed, Senator as the ‘‘Soul of the Senate,’’ a fierce work—he supported our troops whether BYRD, and peace to your family, your defender of the Constitution, a re- he agreed with their cause or not, loyal staff, and to the loving people of spected historian, and an absolutely fought for our veterans, and worked West Virginia, who held you high for so fearless legislator. He held, as has been hard to make sure those who served long and will continue to do so.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11823 I thank the Chair and yield my time. me, as he was to so many others with research laboratories he brought to f whom he served during his tenure in West Virginia—investments that con- the Congress. tributed both to the State and to our RESERVATION OF LEADER TIME So this is a very poignant day, one national economy and to our Nation. The PRESIDING OFFICER. Under that begins, in a sense, a sense of book- But don’t just look for his name on the the previous order, the leadership time marks to me and a sense of public life. sides of buildings or overpasses. Listen is reserved. It won’t be the same for the remaining for it in the appreciative words of his 6 or 7 months of my tenure here to not constituents, his extended family, and f have this wonderful human being, ROB- of a grateful nation for his service. MORNING BUSINESS ERT C. BYRD, as my seatmate in the No State has ever had such a deep ap- Senate. preciation for the Senate Appropria- The PRESIDING OFFICER. Under So I rise today to mark the passing tions Committee because no State has the previous order, there will now be a and to celebrate the prolific life of ever had such an effective appropriator period of morning business until 3 p.m., ROBERT C. BYRD of West Virginia. As I and fighter. ROBERT C. BYRD came to with Senators permitted to speak have said to his family and to his staff, Congress with my father, as I pointed therein for up to 10 minutes each. and, of course, to the people of West out, in January of 1953, and they both The Senator from Connecticut. Virginia, for whom he has been such a arrived on the same day as they had in Mr. DODD. Mr. President, I see my champion throughout his public life, the House, on January 3 of 1959. In the friend from Tennessee. I presume we ROBERT BYRD loved three things above summer of 1961, I mentioned I was a are kind of going back and forth. The all else during the 30 years we spent to- Senate page sitting on the Senate Senator is in leadership. I do not gether in this Chamber. He loved his floor. I still remember the eloquent want—— wife Erma, he loved the State of West speeches of the freshman Senator from Mr. ALEXANDER. Mr. President, I Virginia, and he loved deeply the Sen- West Virginia. It is incredible to imagine that he would like to leave by 3, but I will be ate. I might say that each in turn loved was once a freshman Senator. Even glad to defer to the Senator from Con- him back. then, he had the same gentlemanly necticut if he would like to go ahead. Our sadness at his passing is tem- manner; he was kind to pages, as I re- Mr. DODD. I thank my colleague. I pered by our joy that he now joins his call, the same knack for triumphant will not be long. beloved Erma. What a love story it oratory, and the same respect for the Mr. President, are we in morning was. They met in grade school. They rules and traditions of the Senate. But business? Is that correct? married in 1937, well before I was even he soon became a fixture and a mentor The PRESIDING OFFICER. That is born. They spent nearly 70 years on an to new Senators as well. I expect that correct. incredible journey together, and even over the next few days many Senators f after passing a few years ago, his love will take this floor with a Constitution for her was apparent in everything he REMEMBERING SENATOR ROBERT in their pockets, as I do, that they re- did. C. BYRD ceived from ROBERT C. BYRD. Here is In 1946, when ROBERT BYRD first ran my tattered and rather worn copy Mr. DODD. Mr. President, let me for office, West Virginia ranked at the begin by expressing my deep sorrow signed by ROBERT C. BYRD: ‘‘To my bottom in nearly every economic indi- friend, Chris Dodd, with great personal and my condolences to ROBERT C. cator you could possibly think of. It esteem. Sincerely, Robert C. Byrd.’’ I BYRD’s family. And that family in- was a bleak landscape pockmarked by have carried this with me every day of cludes, obviously, not only his direct, coal fields and populated by hard-work- my life for the last quarter of a cen- immediate family but obviously the ing people from hardscrabble back- tury, given to me by my colleague in literally legions of people who worked grounds and communities struggling to this Chamber, along, I might add, with for ROBERT C. BYRD—worked with him make ends meet. a stern but kind lecture about Senate in both the House of Representatives Then a young grocer from the town protocol. I have mine right here, as I and this body for the more than five of Sophia arrived on the scene, asking said. It is a tattered and withered copy, decades he served in the U.S. Congress. his neighbors in those communities after this many years. I suspect I am one of a handful of around Sophia for their votes in his For the past quarter of a century I people left who remember the day when race for the West Virginia House of have occupied some prime real estate I was 7 years old, in the gallery of the Delegates. As the Washington Post on the floor of the Senate. This desk House of Representatives, watching my noted in its obituary this morning, right next to me today, adorned with father be sworn in as a new Congress- ROBERT C. BYRD met nearly every per- these flowers and this black cape, man, watching my father and a young son—I would suspect every person—in marks the seat ROBERT C. BYRD sat in 34-year-old West Virginian named ROB- his district, campaigning alone, with for many years. As have all of us, I ERT C. BYRD to be sworn in as a Mem- no one else, talking about the issues he have been awed by his deep knowledge ber of the House on January 3, 1953. cared about and those that would af- of this institution and his deeper com- Seven years later, at the age of 14, I fect and did affect the people he wanted mitment to preserving its place in our was in the gallery of this Chamber to represent; and when all else failed, legislative system. when I watched my father and his wowing potential voters with his fiddle So, in many ways, ROBERT BYRD’s great friend be sworn in together on prowess. story is one of constancy, of preserva- January 3, 1959, as Members of the Sen- He won that election, as he would tion, and of tradition. You could define ate. Two years later, as a 16-year-old every single election—every single his life by longevity, I suppose—his 69 sitting on the very steps where these election for which he ever ran. The peo- years of marriage, his 52 years of serv- young pages sit today, in the summer ple of West Virginia never could say no ice in the Senate, his 64 years of public of 1961, I worked with ROBERT C. BYRD. to ROBERT C. BYRD, and he could never service to the people of West Virginia. In fact, with his departure and his say no to them. As a State legislator, a But he wouldn’t have wanted it that death, he is now the last remaining Congressman, and as a Senator, ROB- way. This country has changed over Member of the Senate who was there ERT C. BYRD fought for West Vir- the many years in which ROBERT C. that day when I first arrived as a page ginians, and our Nation, I might add, BYRD helped to lead it and to shape it, in the summer of 1961 when all these at every single turn. and he grew and changed with it, I chairs were filled by 100 Senators. For If you travel the State of West Vir- might add. His story in so many ways the last 25 years, I have sat next to him ginia today, you will see his name on parallels the American story over these at this very seat to be the recipient of schools and bridges and highway signs. many years—the story of a nation on a his good counsel, his advice, his humor, You will perceive his influence when long and difficult journey, always try- his contributions in so many ways to you see the government buildings and ing to seek that more perfect union

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He wanted us to be should learn from our mistakes, as he every Senator the right of amendment. proud of where we came from, but did, draw inspiration from his journey, He thought that was very important. prouder to be American. and credit him, I might add, for being In return, Senator BYRD was able to We will especially miss Senator willing to admit wrong and embrace get unanimous consent agreements on BYRD’s love of and understanding of right when he had the opportunity to amendments that many Senators the Senate. One of the most special oc- do so, because, like our country, ROB- thought were frivolous or unnecessary casions I ever experienced was the op- ERT C. BYRD grew wiser as he grew or not germane, which permitted him portunity as a freshman Senator in older. and Senator Baker to have a fairly or- 2003 to attend an indoctrination, one So we can remember him not only as derly management of the Senate dur- might say—or orientation would be the a tremendously effective legislator, not ing that time. proper description—on what it means only as a powerful speaker, not only as Senator MCCONNELL a few minutes to be a Senator. Senator BYRD began a parliamentary wizard, but also as a ago talked about the time Senator by saying: ‘‘You are presently occu- human being who fought for equality BYRD reexamined the Constitution and pying what I consider to be hallowed with the true sense of urgency of a con- changed his mind on the first amend- ground.’’ vert. He was a man unafraid of reflec- ment and flag burning. Senator BYRD I wish to ask unanimous consent to and Senator Baker during that time tion, a man who voted to make Martin have printed in the RECORD following Luther King’s birthday a Federal holi- both read David McCullough’s book my remarks the remarks of Senator and changed their minds on the Pan- day because, as he put it—I remember BYRD at the orientation of new Sen- him saying it so well—‘‘I’m the only ama Canal Treaty, at great political ators on December 3, 1996. one who must vote for this bill.’’ cost to both of them. I bring this up The PRESIDING OFFICER. Without Here was a man unafraid of progress, today because I never saw Senator objection, it is so ordered. a man who, in one of his final acts in BYRD, after I was elected to the Senate (See exhibit 1.) a few years ago, when he did not ask the Senate, voted to overturn the don’t Mr. ALEXANDER. Senator BYRD ask, don’t tell rule in our military. me about his friend and colleague How- served long enough to know that, as he Here was a man unafraid of conscience, ard Baker. put it: We will miss Senator BYRD’s fiddling a man who, as the guns of war prepared and his love of mountain music. He As long as the Senate retains the power to to fire in 2003, delivered one of his- amend and the power of unlimited debate, campaigned in Tennessee a long time tory’s most courageous and memorable the liberties of the people will remain se- ago for Albert Gore, Sr. who was run- cure. pleas for peace. ning for the Senate and who also So let us not remember ROBERT C. He believed that when he was lec- played the fiddle. Senator BYRD played BYRD for how much he stayed the same turing Republicans in 2005 who were the fiddle at the Grand Ole Opry in trying to change the rules when there throughout his life. Let us remember Nashville and came back to Nashville was a controversy about President him for how the years changed him, in October of 2008 and sang along with and how he changed America for the a group of fiddlers who were playing Bush’s appointees to the Federal judi- better through so many years of his songs at his request. I went over there ciary, and he said the same thing to service. with him. He knew all the songs and all young Democrats who grew impatient Let us remember him as West Vir- the fiddlers knew him. A few days later this year and wanted to change the ginia’s greatest champion, the Senate’s I came to him on the Senate floor and rules to limit unlimited amendment gentlemanly scholar, Erma’s husband, talked to him about an old mountain and unlimited debate. and above all, a true friend to each and song called ‘‘Wreck on the Highway’’ Perhaps his last Senate appearance every one of us who knew and loved that Roy Acuff made famous in the was before the Rules Committee on May 19, 2010, where his opening state- him so well. 1930s or 1940s, and Senator BYRD began Mr. President, I yield the floor. to sing the song—he knew all the ment on the filibuster and its con- The PRESIDING OFFICER. The Sen- words—so loudly that the staff was sequences warned against a rules ator from Tennessee. afraid the galleries would all notice it. change. Mr. ALEXANDER. Mr. President, I We will miss his love of United I ask unanimous consent to have see the Senator from Pennsylvania and States history, not just any United that statement printed in the RECORD I would ask through the Chair—I plan States history, but in his words ‘‘tradi- following my remarks. to speak for about 5 minutes. Does that tional American history.’’ He was the The PRESIDING OFFICER. Without leave him time to make remarks? sponsor of the Teaching Traditional objection, it is so ordered. The PRESIDING OFFICER. The Sen- American History Program, which is (See exhibit 2.) ator from Tennessee. part of the Elementary and Secondary Mr. ALEXANDER. Mr. President, I Mr. ALEXANDER. Mr. President, in Education Act. He has provided nearly was 12 years old when Senator ROBERT 1981, after a surprising election, the Re- $600 million to 1,000 local school dis- BYRD was elected to the House of Rep- publican leader, Howard Baker, became tricts to improve the professional de- resentatives. I was a senior in Mary- the majority leader of the Senate, and velopment of American history teach- ville, TN, when he was elected to the the Democratic leader, ROBERT C. ers. He and the late Senator Kennedy Senate. When I came here as a Senate BYRD, became the minority leader. and I were working on a piece of legis- aide 42 years ago, he had just been According to Senator Baker, he lation which we have introduced to elected to his second term and was walked to Senator BYRD’s office and consolidate all the Federal programs working his way up the party leader- said to him: BOB, I will never know the that support the teaching of U.S. his- ship. Senate rules as well as you do, so I will tory, hoping that our children can He was an imposing man. He had a make you an offer. I will not surprise grow up learning what it means to be wonderful photographic memory. But, you if you will never surprise me. an American. after one got to know him especially, Senator BYRD looked at Senator Senator BYRD is also responsible for he was a kind man. Baker and said: Let me think about it. the celebration of September 17 as Con- All of us can be replaced, but it is The next morning, Senator BYRD stitution Day and Citizenship Day. fair to say the Senate will never be the called Senator Baker and said: It is a Senator BYRD had no time for revi- same place without ROBERT C. BYRD. deal. And that is the way they operated sionists who didn’t believe America I yield the floor.

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EXHIBIT 1 here on the Hill. Some of you have never Many a mind has been changed by an im- REMARKS BY U.S. SENATOR ROBERT C. BYRD held federal office before. Over half of you passioned plea from the minority side. Im- AT THE ORIENTATION OF NEW SENATORS, DE- have had some service in the House of Rep- portant flaws in otherwise good legislation CEMBER 3, 1996 resentatives. have been detected by discerning minority Good afternoon and welcome to the United Let us clearly understand one thing. The members engaged in thorough debate, and States Senate Chamber. You are presently Constitution’s Framers never intended for important compromise which has worked to occupying what I consider to be ‘hallowed the Senate to function like the House of Rep- the great benefit of our nation has been ground.’ resentatives. That fact is immediately ap- forged by an intransigent member deter- You will shortly join the ranks of a very parent when one considers the length of a mined to filibuster until his views were ac- select group of individuals who have been Senate term and the staggered nature of commodated or at least seriously considered. honored with the title of United States Sen- Senate terms. The Senate was intended to be The Senate is often soundly castigated for ator since 1789 when the Senate first con- a continuing body. By subjecting only one- its inefficiency, but in fact, it was never in- vened. The creator willing, you will be here third of the Senate’s membership to reelec- tended to be efficient. Its purpose was and is for at least six years. tion every two years, the Constitution’s to examine, consider, protect, and to be a to- Make no mistake about it, the office of framers ensured that two-thirds of the mem- tally independent source of wisdom and judg- United States Senator is the highest polit- bership would always carry over from one ment on the actions of the lower house and ical calling in the land. The Senate can re- Congress to the next to give the Senate an on the executive. As such, the Senate is the move from office Presidents, members of the enduring stability. central pillar of our Constitutional system. I Federal judiciary, and other Federal officials The Senate and, therefore, Senators were hope that you, as new members will study but only the Senate itself can expel a Sen- intended to take the long view and to be able the Senate in its institutional context be- ator. to resist, if need be, the passions of the often cause that is the best way to understand Let us listen for a moment to the words of intemperate House. Few, if any, upper cham- your personal role as a United States Sen- James Madison on the role of the Senate. bers in the history of the western world have ator. Your responsibilities are heavy. Under- ‘These [reasons for establishing the Sen- possessed the Senate’s absolute right to un- stand them, live up to them, and strive to ate] were first to protect the people against limited debate and to amend or block legis- take the long view as you exercise your du- their rulers: secondly to protect the people lation passed by a lower House. ties. This will not always be easy. against the transient impression into which Looking back over a period of 208 years, it The pressures on you will, at times, be they themselves might be led. [through their becomes obvious that the Senate was in- enormous. You will have to formulate poli- representatives in the lower house] A people tended to be significantly different from the cies, grapple with issues, serve the constitu- deliberating in a temperate moment, and House in other ways as well. The Constitu- ents in your state, and cope with the media. with the experience of other nations before tional Framers gave the Senate the unique A Senator’s attention today is fractured be- them, on the plan of government most likely executive powers of providing advice and yond belief. Committee meetings, breaking to secure their happiness, would first be consent to presidential nominations and to news, fundraising, all of these will demand aware, that those charged with the public treaties, and the sole power to try and to re- your attention, not to mention personal and happiness, might betray their trust. An obvi- move impeached officers of the government. family responsibilities. But, somehow, ous precaution against this danger would be In the case of treaties, the Senate, with its amidst all the noise and confusion, you must to divide the trust between different bodies longer terms, and its ability to develop ex- find the time to reflect, to study, to read, of men, who might watch and check each pertise through the device of being a con- and, especially, to understand the absolutely other. . . . It would next occur to such a peo- tinuing body, has often performed invaluable critically important institutional role of the ple, that they themselves were liable to tem- service. Senate. porary errors, through want of information I have said that as long as the Senate re- May I suggest that you start by carefully as to their true interest, and that men cho- tains the power to amend and the power of reading the Constitution and the Federalist sen for a short term, [House members], . . . unlimited debate, the liberties of the people papers. In a few weeks, you will stand on the might err from the same cause. This reflec- will remain secure. platform behind me and take an oath to sup- tion would naturally suggest that the Gov- The Senate was intended to be a forum for port and defend the Constitution of the ernment be so constituted, as that one of its open and free debate and for the protection United States against all enemies, foreign branches might have an opportunity of ac- of political minorities. I have led the major- and domestic; to bear true faith and alle- quiring a competent knowledge of the public ity and I have led the minority, and I can giance to the same; and take this obligation interests. Another reflection equally becom- tell you that there is nothing that makes freely, without any mental reservation or ing a people on such an occasion, would be one fully appreciate the Senate’s special role purpose of evasion; and to well and faithfully that they themselves, as well as a numerous as the protector of minority interests like discharge the duties of the office on which body of Representatives, were liable to err being in the minority. Since the Republican you are about to enter: So help you God.’ also, from fickleness and passion. A necessary Party was created in 1854, the Senate has Note especially the first 22 words, ‘I do sol- fence against this danger would be to select a changed hands 14 times, so each party has emnly swear that I will support and defend portion of enlightened citizens, whose limited had the opportunity to appreciate firsthand the Constitution of the United States number, and firmness might seasonably inter- the Senate’s role as guardian of minority against all enemies foreign and domestic pose against impetuous councils. [emphasis rights. But, almost from its earliest years . . .’ added] the Senate has insisted upon its members’ In order to live up to that solemn oath, one Ladies and gentlemen, you are shortly to right to virtually unlimited debate. must clearly understand the deliberately es- become part of that all important, ‘nec- When the Senate reluctantly adopted a clo- tablished inherent tensions between the 3 essary fence,’ which is the United States ture rule in 1917, it made the closing of de- branches, commonly called the checks and Senate. Let me give you the words of Vice bate very difficult to achieve by requiring a balances, and separation of powers which the President Aaron Burr upon his departure super majority and by permitting extended framers so carefully crafted. I carry a copy from the Senate in 1805. ‘This house,’ said he, post-cloture debate. This deference to minor- of the Constitution in my shirt pocket. I ‘is a sanctuary; a citadel of law, of order, and ity views sharply distinguishes the Senate have studied it carefully, read and reread its of liberty; and it is here—it is here, in this from the majoritarian House of Representa- articles, marveled at its genius, its beauty, exalted refuge; here, if anywhere, will resist- tives. The Framers recognized that a minor- its symmetry, and its meticulous balance, ance be made to the storms of political ity can be right and that a majority can be and learned something new each time that I phrensy and the silent arts of corruption; wrong. They recognized that the Senate partook of its timeless wisdom. Nothing will and if the Constitution be destined ever to should be a true deliberative body—a forum help you to fully grasp the Senate’s critical perish by the sacrilegious hand of the dema- in which to slow the passions of the House, role in the balance of powers like a thorough gogue or the usurper, which God avert, its hold them up to the light, examine them, reading of the Constitution and the Fed- expiring agonies will be witnessed on this and, thru informed debate, educate the pub- eralist papers. floor.’ Gladstone referred to the Senate as lic. The Senate is the proverbial saucer in- Now I would like to turn for a moment to ‘that remarkable body—the most remark- tended to cool the cup of coffee from the the human side of the Senate, the relation- able of all the inventions of modern politics.’ House. It is the one place in the whole gov- ship among Senators, and the way that even This is a very large class of new Senators. ernment where the minority is guaranteed a that faced of service here is, to a degree, gov- There are fifteen of you. It has been sixteen public airing of its views. Woodrow Wilson erned by the constitution and the Senate’s years since the Senate welcomed a larger observed that the Senate’s informing func- rules. group of new members. Since 1980, the aver- tion was as important as its legislating func- The requirement for super majority votes age size class of new members has been ap- tion, and now, with televised Senate debate, in approving treaties, involving cloture, re- proximately ten. Your backgrounds vary. its informing function plays an even larger moving impeached federal officers, and over- Some of you may have served in the Execu- and more critical role in the life of our na- riding vetoes, plus the need for unanimous tive Branch. Some may have been staffers tion. consent before the Senate can even proceed

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11826 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 in many instances, makes bipartisanship and much more than conscientious, much more I share the profound frustration of my con- comity necessary if members wish to accom- than dutiful. A Senator must reach for noble stituents and colleagues as we confront this plish much of anything. Realize this. The qualities—honor, total dedication, self-dis- situation. The challenges before our nation campaign is over. You are here to be a Sen- cipline, extreme selflessness, exemplary pa- are far too grave, and too numerous, for the ator. Not much happens in this body without triotism, sober judgment, and intellectual Senate to be rendered impotent to address cooperation between the two parties. honesty. The Senate is more important than them, and yet be derided for inaction by In this now 208-year-old institution, the any one or all of us—more important than I those causing the delay. positions of majority and minority leaders am; more important than the majority and There are many suggestions as to what we have existed for less than 80 years. Although minority leaders; more important than all should do. I know what we must not do. the positions have evolved significantly 100 of us; more important than all of the 1,843 We must never, ever, tear down the only within the past half century, still, the only men and women who have served in this wall—the necessary fence—this nation has really substantive prerogative the leaders body since 1789. Each of us has a solemn re- against the excesses of the Executive Branch possess is the right of first recognition be- sponsibility to remember that, and to re- and the resultant haste and tyranny of the fore any other member of their respective member it often. majority. parties who might wish to speak on the Sen- Let me leave you with the words of the The path to solving our problem lies in our ate Floor. Those of you who have served in last paragraph of Volume II, of The Senate: thoroughly understanding it. Does the dif- the House will now have to forget about such 1789–1989: ‘Originally consisting of only twen- ficulty reside in the construct of our rules or things as the Committee of the Whole, closed ty-two members, the Senate had grown to a in the ease of circumventing them? rules, and germaneness, except when cloture membership of ninety-eight by the time I A true filibuster is a fight, not a threatt or has been invoked, and become well ac- was sworn in as a new senator in January a bluff. For most of the Senate’s history, quainted with the workings of unanimous 1959. After two hundred years, it is still the Senators motivated to extend debate had to consent agreements. Those of you who took anchor of the Republic, the morning and hold the floor as long as they were phys- the trouble to learn Deschler’s Procedure evening star in the American constitutional ically able. The Senate was either persuaded will now need to set that aside and turn in constellation. It has had its giants and its by the strength of their arguments or uncon- earnest to Riddick’s Senate Procedure. little men, its Websters and its Bilbos, its vinced by either their commitment or their Senators can lose the Floor for trans- Calhouns and its McCarthys. It has been the stamina. True filibusters were therefore less gressing the rules. Personal attacks on other stage of high drama, of comedy and of trag- frequent, and more commonly discouraged, members or other blatantly injudicious com- edy, and its players have been the great and due to every Senator’s understanding that ments are unacceptable in the Senate. Again the near-great, those who think they are such undertakings required grueling per- to encourage a cooling of passions, and to great, and those who will never be great. It sonal sacrifice, exhausting preparation, and promote a calm examination of substance, has weathered the storms of adversity with- a willingness to be criticized for disrupting Senators address each other through the stood the barbs of cynics and the attacks of the nation’s business. Presiding Officer and in the third person. Ci- critics, and provided stability and strength Now, unbelievably, just the whisper of op- vility is essential here for pragmatic reasons to the nation during periods of civil strife position brings the ‘‘world’s greatest delib- as well as for public consumption. It is dif- and uncertainty, panics and depressions. In erative body’’ to a grinding halt. Why? ficult to project the image of a statesman- war and in peace, it has been the sure refuge Because this once highly respected institu- like, intelligent, public servant, attempting and protector of the rights of the states and tion has become overwhelmingly consumed to inform the public and examine issues, if of a political minority. And, today, the Sen- by a fixation with money and media. one is behaving and speaking in a manner ate still stands—the great forum of constitu- Gone are the days when Senators Richard more appropriate to a pool room brawl than tional American liberty!’ Russell and Lyndon Johnson, and Speaker to United States Senate debate. You will EXHIBIT 2 Sam Rayburn gathered routinely for work- also find that overly zealous attacks on STATEMENT OF SENATOR ROBERT C. BYRD (D– ing weekends and couldn’t wait to get back other members or on their states are always W.VA.), SENATE RULES AND ADMINISTRATION to their chambers on Monday morning. extremely counterproductive, and that you COMMITTEE, MAY 19, 2010 Now every Senator spends hours every day, will usually be repaid in kind. THE FILIBUSTER AND ITS CONSEQUENCES throughout the year and every year, raising Let us strive for dignity. When you rise to On September 30, 1788, Pennsylvania be- funds for re-election and appearing before speak on this Senate Floor, you will be fol- came the first state to elect its United cameras and microphones. Now the Senate lowing in the tradition of such men as Cal- States senators, one of whom was William often works three-day weeks, with frequent houn, Clay, and Webster. You will be stand- Maclay. In his 1789 journal Senator Maclay and extended recess periods, so Senators can ing in the place of such Senators as Edmund wrote, ‘‘I gave my opinion in plain language rush home to fundraisers scheduled months Ross (KS) and Peter Van Winkle (WEST VIR- that the confidence of the people was depart- in advance. GINIA), 1868, who voted against their party ing from us, owing to our unreasonable Forceful confrontation to a threat to fili- to save the institution of the presidency dur- delays. The design of the Virginians and of buster is undoubtedly the antidote to the ing the Andrew Johnson impeachment trial. the South Carolina gentlemen was to talk malady. Most recently, Senate Majority Debate on the Senate Floor demands away the time, so that we could not get the Leader Reid announced that the Senate thought, careful preparation and some famil- bill passed.’’ would stay in session around-the-clock and iarity with Senate Rules if we are to engage Our Founding Fathers intended the Senate take all procedural steps necessary to bring in thoughtful and informed debate. Addition- to be a continuing body that allows for open financial reform legislation before the Sen- ally, informed debate helps the American and unlimited debate and the protection of ate. As preparations were made and cots people have a better understanding of the minority rights. Senators have understood rolled out, a deal was struck within hours complicated problems which besiege them in this since the Senate first convened. and the threat of filibuster was withdrawn. their own lives. Simply put, the Senate can- In his notes of the Constitutional Conven- I heartily commend the Majority Leader not inform American citizens without exten- tion on June 26, 1787, James Madison re- for this progress, and I strongly caution my sive debate on those very issues. corded that the ends to be served by the Sen- colleagues as some propose to alter the rules We were not elected to raise money for our ate were ‘‘first, to protect the people against to severely limit the ability of a minority to own reelections. We were not elected to see their rulers, secondly, to protect the people conduct a filibuster. I know what it is to be how many press releases or TV appearances against the transient impressions into which Majority Leader, and wake up on a Wednes- we could stack up. We were not elected to set they themselves might be led . . . They day morning in November, and find yourself up staff empires by serving on every com- themselves, as well as a numerous body of a Minority Leader. mittee in sight. We need to concentrate, Representatives, were liable to err also, from I also know that current Senate Rules pro- focus, debate, inform, and, I hope, engage the fickleness and passion. A necessary fence vide the means to break a filibuster. I em- public, and thereby forge consensus and di- against this danger would be to select a por- ployed them in 1977 to end the post-cloture rection. Once we engage each other and the tion of enlightened citizens, whose limited filibuster of natural gas deregulation legisla- public intellectually, the tough choices will number, and firmness might seasonably tion. This was the roughest filibuster I have be easier. interpose against impetuous councils.’’ That experienced during my fifty-plus years in the I thank each of you for your time and at- ‘‘fence’’ was the United States Senate. Senate, and it produced the most-bitter feel- tention and I congratulate each of you on The right to filibuster anchors this nec- ings. Yet some important new precedents your selection to fill a seat in this August essary fence. But it is not a right intended to were established in dealing with post-cloture body. Service in this body is a supreme be abused. obstruction. In 1987, I successfully used honor. It is also a burden and a serious re- During this 111th Congress in particular Rules 7 and 8 to make a non-debatable mo- sponsibility. Members’ lives become open for the minority has threatened to filibuster al- tion to proceed during the morning hour. No inspection and are used as examples for most every matter proposed for Senate con- leader has attempted this technique since, other citizens to emulate. A Senator must sideration. I find this tactic contrary to each but this procedure could be and should be really be much more than hardworking, Senator’s duty to act in good faith. used.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11827 Over the years, I have proposed a variety Virginia. That is part of our Federal retain the floor, whether you could of improvements to Senate Rules to achieve system, part of our democracy, part of yield to someone or whether you had to a more sensible balance allowing the major- our Constitution of the advantage of have an order of consent before you re- ity to function while still protecting minor- ity rights. For example, I have supported seniority, where Senator BYRD had tained your right to the floor. Dis- eliminating debate on the motion to proceed been elected and reelected on so many cussing or debating Senator BYRD on to a matter (except for changes to Senate occasions. procedural issues was indeed an edu- rules), or limiting debate to a reasonable I recall Senator BYRD and his swift cation. He was always regarded as the time on such motions, with Senators retain- action shortly after the 1986 election. I foremost expert on Senate procedure ing the right to unlimited debate on the was on the Intelligence Committee at and the rules of this body. matter once before the Senate. I have au- that time. Senator BYRD stepped into His service—most recently in coming thored several other proposals in the past, the picture to see to it that the wit- in ill, in a wheelchair for a series of and I look forward to our committee work nesses who testified on what was later cloture votes at 1 a.m.—historians, I ahead as we carefully examine other sug- gested changes. The Committee must, how- known as the Iran Contra controversy think, will write about the passage of ever, jealously guard against efforts to were placed under oath. He had a sense the comprehensive health care bill and change or reinterpret the Senate rules by a that there was a problem that had to the cloture votes and passage in the simple majority, circumventing Rule XXII be investigated by Congress, again, Senate on Christmas Eve early in the where a two-thirds majority is required. under the doctrine of separation of morning—finally, we had a concession As I have said before, the Senate has been powers. we would not vote at 11:59 on Christ- the last fortress of minority rights and free- I recollect his position on the im- mas but would vote earlier in the day. dom of speech in this Republic for more than peachment proceeding as he stood at two centuries. I pray that Senators will Even the objectors wanted to leave pause and reflect before ignoring that his- this chair and recited the provisions of town. Senator BYRD came here per- tory and tradition in favor of the political the Constitution, about the impeach- forming his duty, although he cer- priority of the moment. ment for high crimes and mis- tainly was not well and it was a tre- The PRESIDING OFFICER. The Sen- demeanors, and then started to talk mendous strain on him. He came and ator from Pennsylvania. about the action of the respondent in made the 60th vote. Mr. SPECTER. Mr. President, since the case, President Clinton, and the It is a sad occasion to see a black hearing this morning about the passing charges which were levied. He came to drape on Senator BYRD’s desk and flow- of Senator BYRD—he died shortly after the conclusion that the constitutional ers. I am sure in days to come there 5 a.m.—I have been reflecting on the standard had been met and then voted will be many comments, many eulogies man I knew. not guilty—with a sweep on the conclu- about Senator BYRD. He leaves a great Those who have the great privilege to sion, a judgment of a higher principle void. But reflecting on the experiences serve in the Senate have occasion to involved that President Clinton had I have had with him, there is much to meet and interact with great people. not lost the capacity to govern, and he celebrate in his life. He was a great The expression ‘‘giant’’ is used not too ought to stay in office. American, a great Senator. We will all frequently about Senators. It certainly I recall in October of 2002 we debated miss him very much. would apply to Senator BYRD, but I be- the resolution authorizing the use of In the absence of any other Senator lieve it is insufficient. Searching my force for President Bush. The resolu- on the floor seeking recognition, I sug- own mind for a more apt term, ‘‘colos- tion did not say force would be used gest the absence of a quorum. sus’’ might better fit ROBERT BYRD. but gave the President the authority to The PRESIDING OFFICER. Without His career in the Congress of the use force as he decided it appropriate. objection, it is so ordered. The clerk United States was extraordinary, real- I was concerned about that. The will call the roll. ly astounding. To think that he was scholars who had written on the sub- The legislative clerk proceeded to elected in 1952 and was sworn in while ject for the most part said it would be call the roll. Harry Truman was still President of an inappropriate delegation of con- Mr. BURRIS. Mr. President, I ask the United States and has served since stitutional authority for the Congress unanimous consent that the order for that time, with many things that hap- to say to the President: You may start the quorum call be rescinded. pened, during the administrations of a war at some future date. The PRESIDING OFFICER. Without President Eisenhower, President Ken- The starting of a war depended on objection, it is so ordered. nedy, President Johnson, President the facts and circumstances at hand Mr. BURRIS. Mr. President, I ask Nixon, President Carter, President when the decision was made. Senator unanimous consent to speak as in George H.W. Bush, President Ronald BYRD and I discussed that at some morning business. Reagan before, President George W. length and finally concluded there The PRESIDING OFFICER. Without Bush, President Clinton, and now ought to be some flexibility. Both of us objection, it is so ordered. President Obama. voted for that resolution on the ground Mr. BURRIS. Mr. President, early One of the distinctions he made early that empowering the President without this morning, our country lost an icon on was the fact that in the Senate, we authority, we might have the realistic and a national treasure. Our friend and serve with Presidents; we do not serve chance of avoiding a war. colleague, Senator ROBERT C. BYRD, be- under Presidents. I think that was a While serving with Senator BYRD on came a legend in his own time. And in calling card by Senator BYRD as a con- the Appropriations Committee, I recall many ways, he came to embody the in- stitutionalist on the separation of pow- 1 year when he chaired the Appropria- stitution of the Senate. ers. He was a fierce fighter for that sep- tions Committee—I think in the late As a leader, and as a guardian of Sen- aration of powers. 1980s—the allocations made were not in ate procedure and tradition, Senator When the line-item veto was passed, accordance with the budget resolution BYRD was without equal. For more he took up the battle to have it de- which had been passed. Some of us on than half a century, he helped shape clared unconstitutional as an en- the Appropriations Committee thought federal policy, and guided the course of croachment on article I powers in the we ought to have those allocations in a nation. U.S. Congress on appropriations. The accordance with what Congress had set But on the day he was born, in 1917, bills which we present to the President in the budget resolution. Senator this unique place in history was far have a great many provisions, and Sen- D’Amato, Senator Kasten, and I staged from assured. ator BYRD was looking upon the factor a minor revolution. It did not last too Raised in the coal country of West of the President perhaps taking some long. The vote was 26 to 3. But we ex- Virginia, few could have predicted that provisions he did not like too well in pressed ourselves. this intelligent but unassuming young order to take the whole bill. I am sure I recall hearing Senator BYRD and man would rise to the very highest lev- on Senator BYRD’s mind was the lar- participated in a discussion with him els of our democracy. He was an avid gess which came to the State of West on the Senate floor about the right to fiddle player, and valedictorian of his

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11828 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 high school class. But he could not af- we also offer our condolences to his A resolution (S. Res. 568) notifying the ford to go to college until many years friends and loved ones in this time of House of Representatives of the election of a later. So as a young man, he found mourning. We offer our sympathies to President pro tempore. work as a meat cutter, a gas station the people of West Virginia, who have There being no objection, the Senate attendant, and a store owner. And the lost a staunch advocate. We offer our proceeded to consider the resolution. store owner is very dear to me because fervent hope that a new generation of Mr. REID. I ask unanimous consent our family were store owners, and I Americans, liberal and conservative; that the resolution be agreed to and know how tough that business is. He Black and White; from all races and re- the motion to reconsider be laid on the welded Liberty and Victory ships dur- ligions and backgrounds. table. ing the Second World War, and several We hope that a new generation will The PRESIDING OFFICER. Without years later entered politics at the take up the legacy of patriotism and objection, it is so ordered. State level. service that was left to us by Senator The resolution (S. Res. 568) was That is where ROBERT BYRD found his BYRD; that today’s young people will agreed to, as follows: true calling: public service. inherit his fierce loyalty to the Con- S. RES. 568 He was first elected to the House of stitution, and recognize their responsi- Resolved, That the House of Representa- Representatives in 1952, and has served bility to confront every challenge we tives be notified of the election of the Honor- the people of West Virginia in this face. able Daniel K. Inouye as President of the Chamber since 1958. Over the course of So I ask my colleagues to join with Senate pro tempore. his extraordinary career, he worked me in honoring the life of our dear f alongside 11 Presidents. He served in friend, Senator ROBERT BYRD. NOTIFYING THE PRESIDENT OF Congress longer than anyone in Amer- And I call upon every American to THE UNITED STATES OF THE ican history, cast more than 18,000 learn from the example set by this son ELECTION OF A PRESIDENT PRO votes, and was elected to more leader- of the West Virginia hills who over- TEMPORE ship positions than any other Senator. came poverty, lack of education, and Mr. REID. I have a resolution at the Most recently, he assumed the role of the prejudice of his times to become desk. President pro tempore of the Senate, one of the greatest public servants in The PRESIDING OFFICER (Mrs. ranking him third in the line of Presi- our history. HAGAN). The clerk will report the reso- dential succession. At every turn, he Mr. President, I yield the floor and lution by title. dedicated himself to the sanctity of our suggest the absence of a quorum. The PRESIDING OFFICER. The The assistant legislative clerk read Constitution, and fought to uphold its as follows: principles and the weight of Senate clerk will call the roll. tradition. The assistant legislative clerk pro- A resolution (S. Res. 569) notifying the President of the United States of the elec- It is difficult to measure the vast im- ceeded to call the roll. Mr. REID. Mr. President, I ask unan- tion of a President pro tempore. pact he has had on the lives of every imous consent that the order for the There being no objection, the Senate single American. proceeded to consider the resolution. No, he was not right on every issue. quorum call be rescinded. The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent His past was not without mistakes and objection, it is so ordered. that the resolution be agreed to and errors in judgment. But it is a credit to the motion to reconsider be laid on the Senator BYRD that, over the years, he f table. gained the wisdom to recognize the mo- ORDER OF PROCEDURE The PRESIDING OFFICER. Without ments when he strayed from the right Mr. REID. Mr. President, I ask unan- objection, it is so ordered. path. It is the mark of greatness that imous consent that the cloture vote on The resolution (S. Res. 569) was he worked hard to overcome these er- the motion to proceed to H.R. 5297 be agreed to, as follows: rors and set America on course for a delayed to occur at 2:15 tomorrow, S. RES. 569 more prosperous, more inclusive fu- Tuesday, June 29; further that if clo- ture. Resolved, That the President of the United ture is invoked on the motion to pro- States be notified of the election of the Hon- In recent years, Senator BYRD raised ceed, then all postcloture time be con- orable Daniel K. Inouye as President of the his voice against the unilateral inva- sidered yielded back, and the Senate Senate pro tempore. sion of Iraq. then proceed to consideration of H.R. f He fought to preserve the filibuster, 5297; further, that as if in executive EXTENSION OF MORNING ensuring that the voice of the minority session, I ask unanimous consent the BUSINESS will always have a place in this august previous order with respect to the vote Chamber. He offered his support to a on confirmation of the nomination Mr. REID. Madam President, I ask young Senator from Illinois named occur upon the use of time specified in unanimous consent that the Senate Barack Obama, as he fought to become the order governing consideration of continue in morning business until 5 the first African-American President of the nomination with any other provi- o’clock today. the United States. sion of the previous order remaining in The PRESIDING OFFICER. Without Senator BYRD’s historic tenure effect, which would mean the vote objection, it is so ordered. spanned 11 administrations, thousands would be at 5:30 tonight. Mr. REID. As I indicated, we will of bills, and more than half a century. The PRESIDING OFFICER. Without have one vote at 5:30 today. Thanks to his leadership, and the lead- objection, it is so ordered. I suggest the absence of a quorum. ership of others he has inspired and f The PRESIDING OFFICER. The mentored over the years, we live in a clerk will call the roll. very different world today. NOTIFYING THE HOUSE OF REP- The assistant legislative clerk pro- The year he launched his first cam- RESENTATIVES OF THE ELEC- ceeded to call the roll. paign for the House of Representatives, TION OF A PRESIDENT PRO TEM- Mr. MCCONNELL. I ask unanimous gas cost about 25 cents a gallon, Win- PORE consent that the order for the quorum ston Churchill was Prime Minister of Mr. REID. Mr. President, I have a call be rescinded. the United Kingdom, and I was only 15 resolution at the desk and ask for its The PRESIDING OFFICER. Without years old. consideration. objection, it is so ordered. Senator BYRD has left an indelible The PRESIDING OFFICER. The f mark on this Nation, and for that we clerk will report the resolution by will be forever grateful. title. NOMINATION OF ELENA KAGAN But today, as we remember and cele- The assistant legislative clerk read Mr. MCCONNELL. Madam President, brate the contributions he has made, as follows: the Judiciary Committee just wrapped

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11829 up its hearings on the first day of the her adult life not steeped in the prac- good. No one ever rose to the heights of nomination of Elena Kagan to be an tice of law but in the art of politics. To their profession by ignoring or upset- Associate Justice of the Supreme be more specific, when we look at ting the people who could get them Court. These hearings will provide Sen- Elena Kagan’s resume, what we find is there. But the question before us is ators on both sides of the aisle an op- a woman who spent much of her adult whether Ms. Kagan’s political views portunity to examine Ms. Kagan’s life working to advance the goals of the would be more or less constrained by record, legal experience, and back- Democratic Party. the Constitution she swears to uphold ground in light of the awesome respon- As a young woman in college, she once she reaches her goal. sibility that comes with a lifetime ap- spent one summer working 14 hours a Some of Ms. Kagan’s supporters wish pointment on our Nation’s highest day for a liberal Democratic candidate us to focus on her personality. They Court. These hearings also provide an for the Senate, and when her candidate wish to point out she has a knack for opportunity for the American people to lost, Ms. Kagan wrote that she believed making friends and for getting along focus their attention on a woman the ‘‘world had gone mad, that lib- well with different kinds of people in whom President Obama would like to eralism was dead.’’ If all we had were academia and among the political see deciding cases on many of the most the comments of an impassioned young class. Once again, these are all fine important and consequential issues we student, they would not be worth all qualities. No one has any doubt that face as a people, long after the Presi- that much. Few of us would want ev- Ms. Kagan is bright and personable and dent’s time in office is through. erything we wrote as a college student easy to get along with. But the Su- In the near term, she would be ruling put up on an overhead projector. preme Court is not a dinner club. If on the actions and policies of an ad- Yet the trajectory of Ms. Kagan’s ca- getting along in polite society were ministration of which she is now a reer, the testimony of those who know enough to put somebody on the Su- member. So it is well worth asking her work well, and the recently re- preme Court, then we would not need why the President chose Ms. Kagan in leased records of her time as a political confirmation hearings at all. the first place. We know the President adviser in the Clinton White House, The goal here is not to determine and Ms. Kagan are former colleagues, suggest otherwise. Taken together, whether we think someone will get and we know from the President him- they suggest someone, as one news along well with the other eight Jus- self that they are friends. We know he story put it, who long after college and tices; it is whether someone can be ex- views her as an important member of even at the highest peaks of political pected to be a neutral and independent his team and that he was especially influence was ‘‘driven and opinionated, arbiter of the law rather than a pleased with her handling of the Citi- with a flare for political tactics. . . .’’ rubberstamp for any administration. zens United case. The President is no What else do we find in Ms. Kagan’s These are just some of the questions Senators will be asking and which Ms. doubt confident that Ms. Kagan shares resume? Well, she volunteered for the Kagan will be expected to answer. No his view that judges should be judged Dukakis Presidential campaign, work- one should have any doubt that Repub- primarily on their ability to empathize ing as an opposition researcher to de- licans will treat Ms. Kagan with the with some over others; in other words, fend the then-Governor of Massachu- same respect and professionalism they that she embraces the empathy stand- setts from attacks, and to look for treated Judge Sotomayor. But ques- ard he has talked about time and time ways to attack the Republican opposi- tions must be answered and clear judg- again. But as I have said before, while tion. As an aide to President Clinton, ments must be made. empathy may be a very good quality in Ms. Kagan did not serve mostly as an Madam President, I suggest the ab- general, in a court of law it is only attorney, as she put it, but as a policy sence of a quorum. good if you are lucky enough to be the advocate, frequently looking for ways The PRESIDING OFFICER. The guy the judge empathizes with. In to advantage Democrats over Repub- clerk will call the roll. those cases, it is the judge, not the law, licans. The assistant legislative clerk pro- who determines your fate. If you believe the role of a judge is to ceeded to call the roll. In a nation such as ours, conceived be an impartial arbiter, these things Mr. DORGAN. Madam President, I from its very beginning as a nation not cannot be ignored. Indeed, Members of ask unanimous consent that the order of men but of laws, this is a very dan- both parties should appreciate the im- for the quorum call be rescinded. gerous road to go down. In the case of portance of confirming judges who are The PRESIDING OFFICER. Without President Obama’s previous nominee to more interested in what the law says objection, it is so ordered. the Supreme Court, Senators had many than in how the law can be used to ad- Mr. DORGAN. Madam President, I years of court cases to study in deter- vantage any one individual, party, or listen sometimes on the floor of the mining whether Sonia Sotomayor group. It is to no one’s advantage if Senate and think there should be an could be expected to treat everyone judges cannot be expected to rise above Olympic Gold Medal for flexibility. It who came before her equally, just as politics. As the chairman of the Judici- is interesting. For example, the flexi- Americans would expect in a judge and ary Committee once put it: bility would mean you are flexible just as the judicial oath requires. In No one should vote for somebody that’s enough to understand if a Republican Elena Kagan’s case, however, no such going to be a political apparatchik for either President were to send down a nominee record exists. She has no experience as the Democratic Party or the Republican for the Supreme Court, and that person a judge, nor does she have much of a Party. had never served as a judge previously, record as a legal practitioner. This is If there is one thing we can all agree that would be a big advantage, and you one of the reasons some have raised on, it is that politics should end at the would argue that would be something Ms. Kagan’s experience as an issue. courtroom door. that is very salutary, that this person It stands to reason that in order to So this is one of the key questions does not have judicial experience. Such know what kind of judge John Roberts Senators will be looking to answer as was the case of Chief Justice or Sam Alito or Sonia Sotomayor these hearings proceed: Is someone who Rehnquist, who did not have such expe- would be, it was useful for Senators has done the kind of political work Ms. rience. But because they were nomi- from both parties to look at the kind of Kagan has done in her career more or nated by a Republican, it was a big ad- judge these nominees had been. Since less likely to restrain her political vantage not to have judicial experi- Ms. Kagan has not had the judicial or views if she were confirmed to a life- ence. Now a Democrat sends a nominee private practice experience common to time position on the country’s highest down and all of a sudden not having ju- most modern-day nominees, it is all Court? dicial experience is a liability. That is the more important that we look more Ms. Kagan has never made a secret of some flexibility, as far as I am con- closely at the kind of experience she her professional aspirations. She has cerned. has had. A review of that experience re- cultivated all the right friendships I met with the nominee, Ms. Kagan, veals a woman who has spent much of along the way, which is all well and and she is a great nominee. I am sure

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11830 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 she is going to be confirmed easily in I also learned that he had one of the selfish friend that a man can have in this the Senate. I cannot believe the Judici- extraordinary memories you have ever selfish world, the one that never deserts him, ary Committee will have any oppor- known. And I thought today—because the one that never proves ungrateful or treacherous, is the dog. tunity to find very much wrong with we are saddened but also mourning the Gentlemen of the jury, a man’s dog stands this very credible, very high-qualified, loss of a friend and someone who served by him in prosperity and in poverty, in well-qualified nominee. I did not come this country so well—I would read health and in sickness. He will sleep on the here to say that. But listening, again, something he read on the floor of the cold ground when the wintry winds blow and as I do, I keep hearing the sound of Senate a couple of times, but he read the snow drives fiercely, if only he can be sawing on the floor of the Senate, saw- the preamble to it and then recited it near his master’s side. He will kiss the hand ing away in a partisan manner. I sim- that has no food to offer, he will lick the from memory, this great story. He did wounds and sores that come in encounter ply wanted to observe that much of it because he was talking about a with the roughness of the world. He guards this has very little to do with sub- crime that occurred with respect to a the sleep of his pauper master as if he were stance and has everything to do with dog, an animal. He talked a lot about a prince. partisan politics that we hear on the his dog Billy, that he loved very much, When all other friends desert, he remains. floor of the Senate. and then he told us the story about a When riches take wings and reputation falls to pieces, he is as constant in his love as the f man named Vest, George G. Vest, who sun in its journey through the heavens. If REMEMBERING SENATOR ROBERT was to become a Senator later. fortune drives the master forth an outcast I will read what Senator BYRD said. C. BYRD into the world, friendless and homeless, the He said: faithful dog asks no higher privilege than Mr. DORGAN. Madam President, At the turn of the century, George G. Vest that of accompanying him, to guard him today I rise on the floor of the Senate delivered a deeply touching summation be- against danger, to fight against his enemies. recognizing that we have white roses fore the jury in the trial involving the kill- And when the last scene of all comes, and and a black drape adorning the desk of ing of a dog, Old Drum. This occurred, I death takes his master in its embrace and the late Senator ROBERT C. BYRD. think, in 1869. There were two brothers-in- his body is laid in the cold ground, no matter I had told him personally in the past law, both of whom had fought in the Union if all other friends pursue their way, there by that when my service is done I will Army. They lived in Johnson County, MO. his graveside will the noble dog be found, his One was named Leonidas Hornsby. The other head between his paws and his eyes sad but have considered it a great privilege to open, in alert watchfulness, faithful and have served in this body at the time was named Charles Burden. Burden owned a dog, and he was named true, even unto death. when ROBERT BYRD served in this body. ‘‘Old Drum.’’ He was a great hunting dog. Well, I read this summation to the He was a lot of things. He was smart Any time that dog barked one could know jury in the case of Old Drum. But Sen- and tough and honest. Because he leg- for sure that it was on the scent of a raccoon ator BYRD recited it, as he did all of islated and because of his career here, or other animal. these similar circumstances, com- this is a better country, I am convinced Leonidas Hornsby was a farmer who raised pletely from memory. livestock and some of his calves and lambs of that. Senator BYRD came to the floor, and were being killed by animals. He, therefore, All of us know Senator BYRD grew he had a way with words that does not old here and became someone with swore to shoot any animal, any dog that ap- peared on his property. so much exist in the Senate anymore. I health problems in recent years and One day there appeared on his property a was sitting on the floor one day when yet even last week would come to this hound. Someone said: ‘‘There’s a dog out another Senator came to the floor and Chamber and cast his vote. In recent there in the yard.’’ Hornsby said: ‘‘Shoot said some very disparaging things weeks I had several visits with him on him.’’ about a President of the United States. the floor of the Senate. The dog was killed. Charles Burden, the They referred to the President in a way All of us know as well that he loved owner of the dog, was not the kind of man to that was very disparaging. Senator his country. He, most of all, loved the take something like this lightly. He went to court. BYRD did not like that, no matter who Senate. He wrote a two-volume book of the President was. He came to the history on this body, and I say to any- This was Old Drum that was killed. floor, and I am sure the person who was body listening, if they enjoy history He won his case and was awarded $25. disparaging the President at that point and enjoy knowing anything about the Hornsby appealed, and, if I recall, on the ap- never understood what had happened to wonderful history of this body, read peal there was a reversal, whereupon the owner of the dog decided to employ the best him after Senator BYRD was done. what Senator BYRD has written. It is lawyer that he could find in the area. Mr. LEAHY. I remember that. extraordinary. He employed a lawyer by the name of Mr. DORGAN. But Senator BYRD He loved the Constitution of the George Graham Vest. This lawyer gave a came to the floor, and he stood up, and United States, and he never appeared summation to the jury. he said this: I have served here long on the floor of the Senate without hav- Senator BYRD recited the summation enough to see pygmyies strut like Co- ing a copy of that Constitution in his to the jury, and he did it without a lossus. And he said, very like the fly in suit pocket. He always had a copy of note. It so reminded me of all the Aesop’s fable, sitting on an axle of a the Constitution with him. things I heard on the floor from Sen- chariot, ‘‘My, what dust I do raise.’’ He was also someone who did not just ator BYRD—yes, ‘‘The Ambulance Down And it occurred to me he had just love the history of the Senate but in the Valley,’’ a piece of lengthy prose told someone what they had done was loved Roman history. I recall sitting without a note, and this without a unbelievably foolish. I am not sure on the floor of the Senate many years note. He recited the summation to the they understood it. But he wrapped it ago when I first came to the Senate, jury by George Vest: in such elegant language, as he always listening to Senator BYRD talk about did. Roman history and the lessons in it for Gentlemen of the jury. The best friend a In addition to serving at a time early man has in the world may turn against him us. I recall him 1 day describing Han- and become his enemy. His son or daughter on in his career when things were dif- nibal crossing the Alps, with a conclu- whom he has reared with loving care may ferent, when there was perhaps less sion of Hannibal, who had lost an eye— prove ungrateful. Those who are nearest and anger and less partisanship and com- a one-eyed Carthaginian—on the dearest to us, those whom we trust with our mittee chairmen and ranking members plains, riding the last emaciated ele- happiness and our good name, may become got together and decided what we need- phant before he was cornered, and tak- traitors to their faith. The money that a ed to do for the country and did it to- ing a pill from a secret container in a man has he may lose. It flies away from him gether and came to the floor together, ring and, rather than being captured, perhaps when he needs it most. A man’s rep- he was also, on the floor of the Senate, utation may be sacrificed in a moment of ill- took his life. considered action. The people who are prone someone who knew the rules. He stud- I learned a lot listening to Senator to fall on their knees to do us honor when ied the rules because he understood BYRD on the floor of the Senate about success is with us may be the first to throw that knowing the rules to this Cham- a lot of things, including Roman his- the stone of malice when failure settles its ber and how this process works was tory. cloud upon our heads. The one absolutely un- also important to be successful here.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11831 Aside from that, he was a skillful leg- event with him where he would play this man who could be so composed— islator—very skillful. I watched him the fiddle. I recall one of those times we sat and held hands while he cried walk out of this Chamber from that when he played the fiddle, and now his about his grandson. At that time I did door and very often stop as a bunch of successor as President pro tempore, not have the privilege of being a grand- Senate pages—high school kids who Senator INOUYE, played the piano, play- father yet. Today, I think I can more serve in the Senate—would gather ing compositions only requiring one fully understand what he went around and then he would spend 15, 20 hand, and the two of them played in through. I remember the emotion and minutes telling them a story about the the caucus room now named after our the strength of it. This was not just the Senate, about the history of this great late Senator Ted Kennedy. I heard him person whom we saw often as the lead- place. Too many of us walk back and play in the happy times and the enjoy- er of the Senate, the chairman of a forth around here, walking very brisk- able times when he would try to bring major committee, ready and in control, ly because we are late to go here or Senators of both parties together and but a human being mourning somebody there and we are working on a lot of act like human beings. very dear to him. things. Senator BYRD always took time I have also sat here with him when He was a self-educated man. He to talk to the pages—not just talk to he reminded Senators of what the Con- learned much throughout his life, but them but tell them stories about what stitution stood for, what our role was then he had much to teach us all. It this great Senate has meant to this in the Constitution, when he spoke has been spoken about how he talked great country. against going to war in Iraq without to the pages, but he would talk to any- He also loved very much his late wife reason and without a declaration of body about his beloved Senate. He did Erma and talked about her a lot to war. It was one of the most powerful more than that. He wrote the definitive many of us. speeches I have heard him give. In over history of the Senate. We all learned He loved to play the fiddle. Early on 36 years of serving with him, I heard from him. He was a symbol of West when I came to the Senate, if you ex- many speeches. Virginia. He was an accomplished leg- pressed even the least interest in Others will speak of his records for islator. He was an extraordinary Amer- music, he would get you down to his of- time served in the Senate and in Con- ican. fice and put a tape in his recording de- gress and the number of votes he cast. As a form of tribute I suspect Sen- vice to show us that he played the fid- I think of him more as a mentor and a ator BYRD himself would appreciate— dle on the program ‘‘Hee Haw.’’ He was friend. I recall in the fall of 1974 becom- let me quote from Pericles’ funeral so proud of that. He was someone who ing the Senator-elect and coming down oration from Thucydides History of the loved West Virginia, loved his country, here to talk to Senators and meeting Peloponnesian War about the inherent and was a friend to all of us. with Senator BYRD and Senator Mans- strength of democracy. Senator BYRD Today is a very sad day for those of field, Senator Mansfield being the lead- was well familiar with this passage, us who see a desk that was occupied by er, Senator BYRD the deputy leader. I and with its relevance to our Constitu- a great U.S. Senator for so many dec- recall one of the things he told me— tion and our form of government. I ades, now occupied with a dozen roses both of them did: Always keep your heard him use it before. Pericles is said to have spoken this: and a black cloth, signifying that we word. ROBERT BYRD, ROBERT CARLYLE have lost this great man. America has BYRD, if he gave you his word, you Our form of government does not enter could go to the bank with it, but he into rivalry with the institutions of others. lost a great public servant. As one Our government does not copy our neigh- Member of the Senate, I say it has been would expect the same in return, as he bors, but is an example to them. It is true a great privilege—my great privilege— should. That is something all of us that we are called a democracy, for the ad- to serve while Senator BYRD served in should be reminded of and all of us ministration is in the hands of the many and this body. should seek to achieve. not of the few. But while there exists equal Madam President, I yield the floor. I was honored to sit near him on the justice to all and alike in their private dis- The PRESIDING OFFICER. The Sen- Senate floor. Sitting near him in the putes, the claim of excellence is also recog- ator from Vermont. same room we would engage in many nized; and when a citizen is in any way dis- tinguished, he is preferred to the public serv- Mr. LEAHY. Madam President, I ap- discussions about the Senate and the ice, not as a matter of privilege, but as a re- preciate the words of the Senator from rules or about the issues of the mo- ward of merit. Neither is poverty an obsta- North Dakota. I recall sitting here on ment, or about our families. But now I cle, but a man may benefit his country what- the floor, I tell my friend from North sit here and I look at the flowers on his ever the obscurity of his condition. Dakota, who may well have been here desk; I look at the drape on that desk. Senator BYRD believed in this coun- at that time when Senator BYRD spoke Over the many years I have had the try. He believed that a youngster who of the pygmies strutting like a colos- privilege of representing the State of had been adopted, who lived in a house sus. We both know who he meant and Vermont in this body, I have had to without running water, who had to we both know the effect it had, and I come on the floor of the Senate to see work for every single thing he ob- thank him for reminding us of that. the traditional drapery and the flowers tained, could also rise to the highest I believe all of us who served with on either side of the aisle when we have positions in this body, a body he loved him and knew Senator BYRD were sad- lost dear colleagues; more than that, more than any other institution in our dened by the news of his passing. No we have lost dear friends. Party is ir- government, save one: the Constitu- Senator came to care more about the relevant. The friendship is what is im- tion. The Constitution was his North Constitution or was a more effective portant. It tugs at your heart and it Star and his lone star. It was what defender of our constitutional govern- tugs at your soul to see it. Walking in guided him. ment than the senior Senator from here and looking down the row where I Senator BYRD was such an extraor- West Virginia. How many times did we sit and seeing that, I don’t know when dinary man of merit and grit and deter- see him reach into his jacket pocket I have felt the tug so strong. mination who loved his family. I recall and hold up the Constitution? He would Marcelle and I were privileged to him speaking of his grandchildren and say: This is what guides me. know BOB and Erma, his wonderful great-grandchildren and he would I said in the Judiciary Committee Erma. We would see them in the gro- proudly tell you about each of them. I today that many of us carry the Con- cery store in Northern Virginia. Our remember even after he was a widower stitution and we can turn to it and wives would drive in together for Sen- walking by and leaning over and say- read from it. Senator BYRD, if asked, ate matters. I recall sitting with him ing, How are you? He would say, I am would recite it verbatim from memory in his office 1 day when we spoke of the fine. How is Marcelle? And Senators from page 1 straight through. death of his grandson and how it tore from both sides of the aisle would come Senator BYRD was a Senator’s Sen- him apart to have lost him in an acci- just to talk with him. ator. During the time before he stopped dent. He had his portrait in his office He drew strength from his deep faith. playing, some of us would be at an with a black drapery. We sat there— He took to heart his oath to support

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11832 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 and defend the Constitution of the time, the pressure was building. Public Committee. I could not wait for that United States. The arc of his career in sentiment was strongly in favor. Re- conference committee because the two public service is an inspiration to us member, there was talk about weapons of them would literally be in the same all, and it will inspire Americans of of mass destruction, nuclear weapons, room. In fact, it turned out to be even generations to come. attacks on our allies and friends, even better. They were not even in the same So, ROBERT, I say goodbye to you, my on the United States if we did not room, but Senator BYRD’s staff had re- dear friend. I am not going to forget move, and move quickly. There was a served a chair directly across the table your friendship. I am not going to for- prevailing growing sentiment to go to from Congressman WOLF. get how you mentored me. But, espe- war. The place was packed, waiting for cially, I will not forget, and I will al- But the Senator from West Virginia this confrontation. Senator BYRD came ways cherish even after I leave this stood up, took out his Constitution, in last and sat down very quietly in his body, your love of the Senate. and said: This is a mistake. We should chair and waited his turn. Congress- Senator BYRD, you are one of a kind. not be going to war. man WOLF at some point asked for rec- I yield the floor. He proceeded day after day, week ognition and went after the Byrd West The PRESIDING OFFICER. The Sen- after week, and month after month to Virginia projects. FRANK is a pas- ator from Illinois. stand there at that desk and lead the sionate man. I served with him and Mr. DURBIN. Madam President, charge against the invasion of Iraq. It agreed with him on many issues and Members of the Senate are coming to was an amazing display of his talent, disagreed on others. I respected him. the floor today from both sides of the which was prodigious, and his commit- He was passionate and committed and aisle to acknowledge a moment in our ment to this Constitution as he saw it, made it clear he thought this was un- history: the passing of ROBERT C. BYRD and the fact that he was politically fair and unjust. of West Virginia. Senator BYRD was the fearless. Senator BYRD, in his three-piece suit, longest serving Senator in the history I agreed with him on that issue. I was sat across from him with hands on the of the United States of America; a man inspired by him on that issue. I can re- table showing no emotion until after who cast more than 18,000 votes; a man call when my wife and I went to a Mass 15, 20 minutes, Congressman WOLF was who served as majority leader, as in Old St. Patrick’s Church in Chicago, exhausted by his protests about these chairman of the Appropriations Com- we were in the pew kneeling after com- Byrd projects, at which point Senator mittee, as President pro tempore. He munion. The church was quiet as peo- BYRD leaned over and said to whomever was, in fact, the Senate. He embodied ple were returning from communion. was presiding at that moment: May I the Senate in his life. It was his life. An older fellow, whom I did not know, speak? And they said: Of course. Each of us, before we can become a stood next to me in the aisle and Then he said—and I am going to par- aphrase this. I think it is pretty close Senator, takes a walk down this aisle looked down at me and said in a voice to what he said. There was no video and goes over to the side here where that could be heard across the church: camera there. I wish there had been. He the Vice President of the United States Stick with BOB BYRD. swears us in. You put your hand on a I came back and told him that story, said: In 1830, in January of 1830, Janu- ary 19, 1830, which, if my memory Bible and you take an oath to uphold and he just howled with laughter. I serves me, was a Thursday, Daniel and defend the Constitution of the said: Senator BYRD, your reach is be- Webster and Mr. Hayne engaged in one United States. You have to say that or yond West Virginia and beyond the of the most famous debates in Amer- you can’t be a Senator. For many peo- Senate. It is in Chicago and across the ican history. And off he went. ple, it is a formality. For ROBERT C. country. What you are saying is reso- For the next 15 minutes, without a BYRD, it was a commitment, a life com- nating with a lot of people. note, ROBERT C. BYRD tried to explain mitment to a document, the Constitu- In the end, 23 people voted against a very basic principle, and it was this: tion of the United States. He used to that war—1 Republican and 22 Demo- The Senate is created to give every carry one in his pocket every day of his crats. For a while, we were not pop- State the same number of Senators— life. That is the kind of commitment ular. Over time I think that vote be- two Senators. The House is elected by most people will not make because came more respected. ROBERT C. BYRD popular vote. A small State such as they think: Well, maybe I will change was our leader, and he used this Con- West Virginia does not have much of a my mind. For ROBERT C. BYRD, there stitution as his inspiration. chance in the House of Representa- was no changing his mind. He was com- He had such a sense of history. My tives. It is small in a body of 435 Mem- mitted to that Constitution. favorite story related to about 16 or 18 bers. But in the Senate, every State, For him, it was the North Star, it years ago. I was a Member of the House large and small—Virginia and West was the guiding light, it was the docu- of Representatives then on the Appro- Virginia, Illinois, New York, Cali- ment that created this Nation, and he priations Committee, and ROBERT C. fornia—each has two Senators. had sworn on his Bible to uphold and BYRD was the chairman of the Senate The point Senator BYRD was making defend it, and he meant it. That is why Appropriations Committee. He was a was: If I do not put the projects in in he was so extraordinary. powerful man. We were supposed to the Senate, we will never get them in He understood this Constitution be- meet downstairs in a conference com- in the House. That is what the Great cause he understood what our govern- mittee, House and Senate, the con- Compromise, the Constitution, and the ment is about. He made a point of say- ferees from both Appropriations Com- Senate and the House are all about. ing whenever a new President would mittees, on a transportation bill. It was a masterful presentation, come in, even a President of his own To no one’s surprise and without any which led to a compromise, one might party: I will work with the President apology, Senator BYRD had quite a few expect, at the end of the day in which but as a Senator; I do not work for the West Virginia projects in that bill. Senator BYRD did quite well for his President. We are equal to the Presi- Congressman FRANK WOLF of Virginia, State of West Virginia. dent because we are an equal branch of a Republican, sat on the committee on Years passed, and I was elected to government. I will be glad to work the House side. When he looked at the this body. I came here and I saw Sen- with the President, but I have a re- West Virginia projects, he got upset. ator BYRD sitting in that seat one day, sponsibility as a Senator. He said it publicly in the Washington and I said: I want to tell you the most I remember so well in what I consider Post and other places that he had famous debate I can ever remember— to be the finest hour I witnessed when thought Senator BYRD had gone too there was not a camera in the room, it came to ROBERT C. BYRD. It was in far. and I do not think anyone recorded it— October of 2002. It was a little over a That was a pretty bold move by Con- I recalled his debate with FRANK WOLF. year after 9/11. President George W. gressman WOLF to make those state- I said: What I remember particularly Bush was asking this Senate to vote ments in the minority about the chair- is when you said: January 19, 1830, for a resolution to invade Iraq. At the man of the Senate Appropriations which was a Thursday, if I recall.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11833 He said: Yes, I think it was a Thurs- think Jimmy Carter was there. But I As a lawyer, as a former attorney day. do remember that BOB BYRD was there. general for the State of Illinois, I con- I said: I don’t doubt it was a Thurs- When I came to the Senate, I sider it a great privilege to evaluate day, but that little detail was amazing. thought: I cannot wait to see or hear and confirm nominees to the bench. He kind of smiled. He did not say him play that fiddle again. I learned The constitutional power of advise and anything more. About an hour passed that after his grandson died in an auto- consent is one this Senate must exer- before the next rollcall, and he called mobile accident, he said: I will never cise with discretion. It determines the me over to that desk. He had brought touch it again, in memory of my grand- makeup of our judicial branch and out a perpetual calendar and found son. That is the kind of family commit- helps preserve the principle of equal January 19, 1830, and said: Mr. DURBIN, ment he made as well. He would sing justice under law. it was a Thursday. and occasionally have a Christmas That is why I have come to the floor I said: I didn’t dispute it, Senator. party downstairs, and a few of us would today in support of Gary Scott It was an example in my mind of a be lucky enough to get invited. He Feinerman, President Obama’s nomi- man who understood this Constitution, would sing. He was a man who had gone nee to become a judge for the Northern understood his use of that Constitution through some life experiences and fam- District Court of Illinois. for his State—some would say he over- ily experiences that were very mean- Gary is an Illinois native and a grad- used it, but he was fighting for his ingful to him. uate of both Yale and Stanford Univer- State every day he was here—his com- I remember another day when I was sities. Over the past two decades, he mand of history and his command of on the floor of the Senate and there has worked extensively in private prac- the moment. was a debate about the future of the tice—most recently for Sidley Austin, That was ROBERT C. BYRD. They do National Endowment for the Arts. Sen- the respected Chicago law firm. He has not make them like that anymore. ator Ashcroft of Missouri wanted to served in the public sector, as well as a There just are not many people in our eliminate the National Endowment for clerk to the U.S. Supreme Court and generation who can even claim to be in the Arts and take away all its money. counsel at the Department of Justice. that position. I stood up to debate him. I was From 2003 to 2007, he was Solicitor I recall it and I remember very well brandnew here, not smart enough to General of the State of Illinois. That is another conversation I had with him. know when to sit down and shut up. I the person who argues the cases on be- You see, history will show that in his started debating: I thought it was half of the attorney general before the early life, ROBERT C. BYRD was a mem- wrong, the arts are important, so forth. highest court, whether in Illinois or in ber of the Ku Klux Klan. Many of his Through the door comes BOB BYRD. the Nation. He held that position with detractors and enemies would bring He walks in here and asks if he could distinction, proving his commitment to that up. He would be very open about be recognized. Everything stopped the highest ideals of fairness and jus- it, not deny it but say that he had when he had asked for recognition. tice. changed, and his votes reflected it. They said: Of course. Time and again over the years, Gary He said: I want to tell you what I once said to him: Of all these thou- Feinerman has demonstrated his com- music meant to me. I was an orphan, sands and thousands of votes you have petence in the legal profession. His and I was raised in a loving family. cast, are there any you would like to training is without equal. His experi- Early in life, they went out and bought do over? ence is second to none. That is why I me a fiddle. Music has always been a Oh, yes, he said. Three. There was am proud to support his nomination to big, important part of my life. Out of one for an Eisenhower administration the Northern District Court of the nowhere, this man gives this beautiful appointee which I voted against, and I State of Illinois. speech, and then he quotes poetry dur- wish I voted for him. I think that was We must demand the very best of our ing the course of the speech. a mistake. And, he said, I was wrong on As one can tell, all of us who served public officials, especially those who the civil rights legislation. I voted the are entrusted with lifetime appoint- with him are great fans of ROBERT C. wrong way in the 1960s. And, he said, I ments on the Federal bench. BYRD and what he meant to this Senate made a mistake and voted for the de- and what he meant to this Nation. These fine men and women are regulation of the airline industry West Virginia has lost a great servant charged with interpreting a body of law which cut off airline service to my who was so proud of his home State. that is constantly evolving. They must State of West Virginia. Those were Time and again that was always the navigate a treacherous landscape, full three. bottom line for him: Is this going to be of gray areas, to arrive at sound legal If you have been in public life or even good for the future of my little State of truth. The answers are seldom easy, if you have been on this Earth a while, West Virginia? He fought for them and but I have confidence in Gary I think you have learned the value of put them on the map in some regards Feinerman’s ability to rise to this redemption. ROBERT C. BYRD, in his and some projects. He was respected by challenge. At every stage, he has prov- early life, made a mistake with his his colleagues because of the commit- en his considerable intellect and his membership in the Ku Klux Klan. He ment to the people who honored him by passion for the law. I am proud to join was open about it, and he dem- allowing him to serve in the Senate. the President in calling for his swift onstrated in his life that he was wrong There may be a debate as to whether confirmation. I ask my colleagues to and would do better in the future. That there is a heaven. If there is a heaven join me in pledging to afford the nomi- is redemption—political redemption— and they have a table for the greats in nee with a fair and timely vote to con- and, in my mind, it was total honesty. the Senate, I would ask Daniel Webster firm him to the bench. There were so many other facets to This body has a crowded legislative to pull up a chair for ROBERT C. BYRD this man too. Senator LEAHY talked of West Virginia. calendar in the months ahead, but about him playing the fiddle. That is Madam President, I yield the floor. cases have piled up in the Northern the first time I ever saw him in person. The PRESIDING OFFICER. The Sen- District of Illinois, and every single He came to Springfield, IL, in 1976, ator from Illinois. day more judicial nominees await as when he was aspiring to run for Presi- f vacancies remain unfilled. Even as we dent of the United States. He stood out consider Mr. Feinerman’s confirmation from the rest of the crowd because he NOMINATION OF GARY SCOTT today, another Illinois nominee, Judge got up and said a few words about why FEINERMAN Sharon Johnson-Coleman, awaits a he wanted to be President. Then he Mr. BURRIS. Madam President, very similar up-or-down vote. We need to reached in and grabbed his fiddle and shortly, we are going to be voting on a rise to our constitutional duty and started playing it. judicial nomination. I come before this vote on these nominees. We must waste I tell you, it brought the house down. body to bring my thoughts on that ac- no more time in allowing this fine pub- I don’t remember who else was there. I tion. lic servant to get to work.

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I rise today out of NOMINATION OF GARY SCOTT I join my colleague, Senator BURRIS, deep respect for our colleague, Senator FEINERMAN TO BE UNITED in asking my colleagues on both sides ROBERT C. BYRD. Sharla and I extend STATES DISTRICT JUDGE FOR of the aisle to vote in just a few mo- our condolences to the BYRD family THE NORTHERN DISTRICT OF IL- ments on the nomination of Gary and to all the people of West Virginia. LINOIS Feinerman to be U.S. district court We join you in mourning but also in a The PRESIDING OFFICER. Under judge for the Northern District of Illi- celebration of his life and his successes the previous order, the Senate will pro- nois. as a public servant. ceed to executive session to consider Gary Feinerman is one of the bright- Senator BYRD liked to call me ‘‘the the following nomination, which the est lights in the Chicago legal commu- Mountain Man,’’ and when somebody clerk will report. nity. He is a partner at one of Chi- from the Mountain State calls you The legislative clerk read the nomi- cago’s oldest and largest law firms, that, it is an incredible compliment. nation of Gary Scott Feinerman, of Il- Sidley Austin, where he specializes in Senator BYRD and I had a few things linois, to be United States District litigation and appellate work. Before in common: We were both from very Judge for the Northern District. that, he served as Illinois’ solicitor small towns, we both married our high The PRESIDING OFFICER. Under general and represented our State in school sweethearts, and we both made the previous order, the time until 5:30 many very valuable and important ap- a living at one time as meat cutters. p.m. will be for debate on the nomina- peals. He won five ‘‘Best Brief’’ awards He must have had an eye for the butch- tion, with the time equally divided and from the National Association of At- ering business because he liked to controlled between the Senator from torneys General, and he has argued guess my weight. And wouldn’t you Vermont, Mr. LEAHY, and the Senator cases before the U.S. Supreme Court know, he always came within 3 pounds. from Alabama, Mr. SESSIONS. and the U.S. Court of Appeals for the You could say Senator BYRD convinced Mr. TESTER. Madam President, I Seventh Circuit, as well as the Illinois me to spend a little more time in the ask unanimous consent that the time Supreme Court. Earlier in his career, gym. during the quorum call be equally di- Mr. Feinerman worked at the Chicago Senator BYRD was elected to Con- vided. law firm of Mayer Brown and in the gress 4 years before I was even born, The PRESIDING OFFICER. Without Justice Department’s Office of Policy and he always shared his wisdom with objection, it is so ordered. Mr. TESTER. Madam President, I Development. He served as law clerk those of us who admired it. I am hon- suggest the absence of a quorum. for Supreme Court Justice Anthony ored to call Senator BYRD a respected The PRESIDING OFFICER. The Kennedy and for Seventh Circuit Judge teacher and a trusted friend. I was Presiding Officer on the day the clerk will call the roll. Joel Flaum. He is a leader in the Chi- The assistant legislative clerk pro- farm bill came before the Senate. In- cago legal community. He is the presi- ceeded to call the roll. dent of the Appellate Lawyers Associa- stead of signing the farm bill himself, Mrs. BOXER. Madam President, I ask tion of our State and serves on Chi- Senator BYRD let me sign the bill. Al- unanimous consent the order for the cago’s Constitutional Rights Founda- though it went unspoken, I know it was quorum call be rescinded. tion and the Midwest chapter of the because he saw me as the farmer in the The PRESIDING OFFICER. Without Anti-Defamation League. He has also Senate. It was truly an honor for me to objection, it is so ordered. had a very active pro bono practice, be able to do that. Mrs. BOXER. Madam President, I ask which speaks well of his commitment Another thing Senator BYRD and I unanimous consent to speak as in as a professional. had in common was our upbringing in morning business. Mr. Feinerman’s academic record is rural America. He was always proud to The PRESIDING OFFICER. Without also impressive. He graduated from fight for folks making a living off the objection, it is so ordered. Yale and Stanford Law School, where land and in the mountains and in the (The remarks of Mrs. BOXER are he finished second in his class. Not sur- woods. He was a powerful advocate, and printed in today’s RECORD under prisingly, he received the highest pos- he represented West Virginia with tire- ‘‘Morning Business.’’) sible rating of ‘‘well-qualified’’ from less passion. He valued hard work and Mr. LEAHY. Madam President, today the American Bar Association for this common sense. Those values are a mat- the Senate is proceeding on only one of commitment. ter of survival in America. They are the 23 judicial nominees stalled by Re- We currently have six—six—vacan- values you take with you as you go to publican obstruction from action by cies in the Northern District of Illinois. Congress, and Senator BYRD showed us the Senate. The nominee the Senate We need to fill them quickly so that we that. will confirm tonight has been stalled don’t slow down the process of justice. Madam President, we will miss Sen- for more than 10 weeks, even though I hope the Senate will confirm Gary ator BYRD very much. His work over his nomination was reported without a Feinerman today and move very quick- the decades on the Hill has made the single objection from the Judiciary ly to Justice Sharon Coleman, who is entire country a better place for us and Committee on April 15. There are eight also on the calendar. Mr. Feinerman for our kids and grandkids. other judicial nominees who have been will be an excellent judge, and Judge Before I came to Capitol Hill 31⁄2 stalled for at least as long, or longer, Coleman will join him, with the bless- years ago, many folks came up to me and nominees who were favorably re- ing of the Senate, to start to fill these and said: You are going to have an ex- ported last year, last November, still important vacancies. perience of a lifetime. You will meet being obstructed. Madam President, I yield the floor some incredible people. This confirmation was needlessly de- and again thank my colleague from And I will tell you that one of the layed for no good purpose. The services Montana. most incredible men I have met since I of this judge are sorely needed in the Mr. TESTER. Madam President, I have been here was Senator BYRD. Northern District of Illinois. I con- ask unanimous consent to speak as in We miss you. gratulate Mr. Feinerman and his fam- morning business for 5 minutes. I yield the floor. ily on his confirmation today.

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The Senate Republican leadership re- year of the George W. Bush administra- ator from Oregon (Mr. MERKLEY), the fuses to enter into time agreements on tion, the Senate confirmed 72 judges. Senator from Maryland (Ms. MIKUL- pending judicial nominations. That The only year comparable to this SKI), the Senator from Washington stalling and obstruction is unprece- year’s record-setting low total of 16 (Mrs. MURRAY), the Senator from dented. They refuse to enter into a was 1996, when the Republican Senate Vermont (Mr. SANDERS), the Senator time agreement to consider the North majority refused to consider President from Michigan (Ms. STABENOW), and Carolina nominees to the Fourth Cir- Clinton’s judicial nominees and only 17 the Senator from Oregon (Mr. WYDEN), cuit, who were reported in January, de- were confirmed all session. are necessarily absent. spite the fact that one was reported Senate Democrats moved forward Mr. KYL. The following Senators are unanimously and one with only a sin- with judicial nominees whether the necessarily absent: the Senator from gle negative vote. They refuse to enter President was Democratic, 1994, or Re- Utah (Mr. BENNETT), the Senator from into a time agreement to debate and publican, 1982, 1990, 2002, and whether Missouri (Mr. BOND), the Senator from vote on the Sixth Circuit nominee from they were in the Senate majority, 1990, Kansas (Mr. BROWNBACK), the Senator Tennessee who was reported last No- 1994, 2002, or in the Senate minority, from North Carolina (Mr. BURR), the vember. I have told Senator ALEX- 1982. Senate Republicans, by contrast, Senator from New Hampshire (Mr. ANDER that all Democrats are prepared have shown an unwillingness to con- GREGG), the Senator from Florida (Mr. to vote on that nomination, and have sider judicial nominees of Democratic LEMIEUX), the Senator from Alaska agreed to do so since November. It is Presidents, 1996, 2009, 2010. (Ms. MURKOWSKI), the Senator from his own leadership that continues to Over the last recess, I sent a letter to Alabama (Mr. SHELBY), the Senator obstruct the nominee. Senator MCCONNELL and to the major- from Louisiana (Mr. VITTER), and the The Senate is well behind the pace I ity leader concerning these matters. In Senator from Ohio (Mr. VOINOVICH). set for President Bush’s judicial nomi- that letter, I urged, as I have since last The PRESIDING OFFICER (Mrs. nees in 2001 and 2002. A useful compari- December, the Senate to schedule votes SHAHEEN). Are there any other Sen- son is that in 2002, the second year of on these nominations without further ators in the Chamber desiring to vote? the Bush administration, the Demo- obstruction or delay. I called on the The result was announced—yeas 80, cratic Senate majority’s hard work led Republican leadership to work with the nays 0, as follows: to the confirmation of 72 Federal cir- majority leader to schedule immediate [Rollcall Vote No. 201 Ex.] cuit and district judges nominated by a votes on consensus nominations— YEAS—80 President from the other party. In this many, like that finally being consid- Akaka Durbin Lugar second year of the Obama administra- ered today, I expect will be confirmed Alexander Ensign McCain tion, we have confirmed just 22 so far— unanimously—and consent to time Barrasso Enzi McCaskill 72 to 22. agreements on those on which debate is Baucus Feingold McConnell Bayh Feinstein In the first 2 years of the Bush ad- Menendez requested. As I said in the letter, if Begich Franken Nelson (NE) ministration, we confirmed 100 Federal there are judicial nominations that Re- Bennet Graham Nelson (FL) circuit and district court judges. So far publicans truly wish to filibuster— Bingaman Grassley Pryor in the first 2 years of the Obama ad- after arguing during the Bush adminis- Boxer Hagan Reed Brown (MA) Harkin Reid ministration, the Republican leader- tration that such action would be un- Brown (OH) Hatch Risch Bunning Hutchison ship has successfully obstructed all but constitutional and wrong—then they Roberts Burris Inhofe 34 of his Federal circuit and district should so indicate to allow the major- Rockefeller Cardin Inouye Schumer court nominees—100 to 34. We con- ity leader to seek cloture to end the fil- Carper Isakson firmed twice that many in just 2002. ibuster. It is outrageous that the ma- Casey Johanns Sessions Shaheen Meanwhile Federal judicial vacancies jority leader will be forced to file clo- Chambliss Kaufman Coburn Kerry Snowe around the country hover around 100. ture petitions to get votes on the North Cochran Klobuchar Specter By this date in President Bush’s Carolina, Tennessee and other nomi- Collins Kohl Tester Presidency, the Senate had confirmed nees. Conrad Kyl Thune 57 of his judicial nominees. Despite the After this confirmation, there will Corker Landrieu Udall (CO) Cornyn Lautenberg Udall (NM) fact that President Obama began send- still be 22 judicial nominees favorably Crapo Leahy Warner ing us judicial nominations two reported by the Judiciary Committee DeMint Levin Webb months earlier than did President being stalled from Senate consider- Dodd Lieberman Whitehouse Bush, the Senate has to date only con- ation by the Republican leadership. Dorgan Lincoln Wicker firmed 34 of his Federal circuit and dis- The PRESIDING OFFICER (Mr. NOT VOTING—19 trict court nominees—57 to 34. KAUFMAN). Under the previous order, Bennett Johnson Shelby Last year, Senate Republicans re- the question is, Will the Senate advise Bond LeMieux Stabenow fused to move forward on judicial Brownback Merkley Vitter and consent to the nomination of Gary Burr Mikulski nominees. The Senate confirmed the Voinovich Scott Feinerman, of Illinois, to be U.S. Cantwell Murkowski Wyden fewest judges in 50 years. The Senate District Judge for the Northern Dis- Gillibrand Murray Republican leadership allowed only 12 trict of Illinois? Gregg Sanders Federal circuit and district court Mr. LEAHY. Have the yeas and nays The nomination was confirmed. nominees to be considered and con- been ordered? The PRESIDING OFFICER. Under firmed despite the availability of many The PRESIDING OFFICER. They the previous order, the motion to re- more for final action. They have con- have not. consider is considered made and laid tinued their obstruction throughout Mr. LEAHY. I ask for the yeas and upon the table. The President will be this year. By every measure, the Re- nays. immediately notified of the Senate’s publican obstruction is a disaster for The PRESIDING OFFICER. Is there a action. the Federal courts and for the Amer- sufficient second? f ican people. There appears to be a sufficient sec- To put this into historical perspec- ond. LEGISLATIVE SESSION tive, consider this: In 1982, the second The clerk will call the roll. The PRESIDING OFFICER. The Sen- year of the Reagan administration, the The assistant legislative clerk called ate will resume legislative session. Senate confirmed 47 judges. In 1990, the the roll. The Senator from Hawaii. second year of the George H.W. Bush Mr. DURBIN. I announce that the Mr. AKAKA. Madam President, I ask administration, the Senate confirmed Senator from Washington (Ms. CANT- unanimous consent to speak as in 55 judges. In 1994, the second year of WELL), the Senator from New York morning business. the Clinton administration, the Senate (Mrs. GILLIBRAND), the Senator from The PRESIDING OFFICER. Without confirmed 99 judges. In 2002, the second South Dakota (Mr. JOHNSON), the Sen- objection, it is so ordered.

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The impact Senators LEVIN, REED, SNOWE, WEBB, BYRD, my mentor, supporter, and good of this deadly tool of war has been felt KYL, MCCASKILL, and KAUFMAN—I have friend. in my home State of Pennsylvania, and submitted a resolution calling for con- Senator BYRD was the dean of the I know so many of our colleagues have tinued support for and increased efforts Senate, our foremost constitutional had not only loved ones in some cases and focus by the Governments of Paki- scholar. No one in the history of our but constituents who have lost their stan, Afghanistan, and the central country served longer in Congress. lives because of IEDs. In Pennsylvania, Asian countries in that region to effec- For more than a half century, ROB- we have lost marines, soldiers, and Na- tively monitor and regulate the manu- ERT C. BYRD kept the Senate in line. He tional Guard troops to this insidious facture, sale, transport, and use of am- always kept a copy of the Constitution threat. monium nitrate fertilizer in order to in his jacket pocket, close to his heart. In the first 4 months of 2010, inci- prevent criminal groups, insurgents, He was meticulous, a master of the dents of IEDs in Afghanistan increased and terrorist organizations from trans- rules of this historic institution. 94 percent over a comparable period in porting ammonium nitrate into Af- Through hard work and dedication, the previous year according to the ghanistan where it is used in these im- Senator BYRD became an institution United Nations. provised explosive devices. himself. In 2009, more than 6,000 IEDs were I am committed to highlighting this When I joined the Senate 20 years discovered, the vast majority of which threat and supporting United States ago, to my great fortune, Senator BYRD used ammonium nitrate as their main and international efforts to crack down took me under his wing. He guided me explosive ingredient. This is the No. 1 on the proliferation of precursor through procedural rules and taught killer of United States and coalition chemicals such as ammonium nitrate. me how to preside over the floor. I still forces. In 2009 alone, 275 American The Joint Improvised Explosive Device have the notes he gave me when I was troops were killed by IEDs. In addition Defeat Organization—JIEDDO—which a freshman Senator. He was adamant to the lethality of IEDs, they have a includes coalition partners from the that the Presiding Officer should al- tremendously demoralizing effect on United Kingdom, Canada, and Aus- ways be respectful of the speakers, our troops. Just the threat of IEDs tralia, has led an impressive effort to while maintaining strict adherence to forces troops to move at a slower pace combat IEDs at every step in the proc- the rules of the Senate. and take away their focus from the ess. The U.S. Immigration and Customs Senator ROBERT C. BYRD was a pa- mission at hand. Enforcement Agency will soon com- triot who cared for and loved this coun- Ammonium nitrate bombs, often mence Project Global Shield, which is try, the United States of America. He crude wood and graphite pressure-plate an unprecedented multilateral law en- worked hard for the people of West Vir- devices buried in dirt lanes or heaps of forcement operation aimed at coun- ginia, who showed their support for trash, are very difficult to detect. tering the illicit diversion and traf- him election after election. Americans remember, unfortunately, ficking of precursor chemicals, such as Senator ROBERT C. BYRD was a spir- the deadly power of ammonium nitrate itual man. Each week a number of Sen- from its use by Timothy McVeigh in ammonium nitrate. ators got together for a morning pray- the 1995 Oklahoma City bombing which Pakistan has made efforts to contend er breakfast. Senator BYRD was a reg- killed 168 Americans. It can be used, as with ammonium nitrate in large part ular participant when he was well. His we know, as a fertilizer as well as an because the threat has begun to impact favorite hymn was ‘‘Old Rugged explosive in the mining and construc- the security of its country as well. Re- Cross.’’ I enjoyed singing it with him tion industry. Its use in the United cent coordination between Pakistani many times. States is tightly restricted. President civilian and military entities on the We shared a love for music and the Karzai of Afghanistan has rightly rec- IED issue has been positive. The Gov- arts. His fiddle playing was legendary. ognized the threat and has banned its ernment of Pakistan has formed an He loved his family. He loved his use as a fertilizer. Afghan troops and interagency national coalition IED children and grandchildren. He loved police, supported by ISAF forces, have forum. We are also beginning to see ef- his dogs. Closest always was his wife begun a concerted effort to crack down forts at the local level, such as small- Erma who was always by his side until on its proliferation, distribution, and scale bans and regulations in the com- her death in 2006. They spent many sale. On Wednesday, ISAF reported munity of Malakand. I hope Pakistan wonderful years together, and now that 11 tons of ammonium nitrate were expeditiously approves its draft legisla- they are together again. seized by Afghan forces supported by tion to better control explosive mate- My thoughts and prayers are with NATO troops. These 11 tons would have rials in the country and make a con- the Byrd family. been enough to build more than 500 certed effort at enforcement. Senator BYRD, we love you and we IEDs—IEDs that could have been used to kill NATO forces, Afghan troops, We must exercise extraordinary vigi- miss you. lance in stemming the unregulated Thank you very much, Madam Presi- and civilians. The Afghan Government appears flow of ammonium nitrate in this re- dent. gion because of its importance to U.S. The PRESIDING OFFICER. The Sen- committed to this fight and has en- acted the appropriate legal measures national security interests, as well as, ator from Pennsylvania. of course, to the lives of our troops. Mr. CASEY. Madam President, I ask and enforcement efforts. But ammo- unanimous consent to speak as in nium nitrate is still ubiquitous in Af- The United States, together with our morning business. ghanistan due to smuggling along sup- allies, must do everything we can to The PRESIDING OFFICER. Without ply routes from its neighbors, particu- make it more difficult for our enemies objection, it is so ordered. larly along Pakistan’s tribal belt where to make IEDs. I am committed to this f smuggling is a way of life. The Los An- task for the long term. I also under- geles Times newspaper reported last stand terrorists will resort to different USE OF IEDS IN AFGHANISTAN month that as much as 85 tons of am- strategies and different ingredients Mr. CASEY. Madam President, I rise monium nitrate is smuggled into Af- after we are better able to restrict the tonight to speak about the war in Af- ghanistan from Pakistan in a single flow of ammonium nitrate. Imple- ghanistan, but on a particular subject. night, a shipment that could yield menting more robust and interdiction In particular, I wish to speak about the more than 2,500 bombs. Even as we measures is important, but we also terribly destructive force of improvised heard recently that 11 tons were inter- must do more to disrupt and dismantle explosive devices. These improvised ex- cepted, this published report says that terrorist and criminal organizations in

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But he was also committed to Paul’s Discount has become a local in- There are a host of other ingredients the people of West Virginia for so many stitution in the region, and this month terrorists can and probably will utilize years, so many battles on their behalf celebrated its 50th anniversary of oper- in IEDs. But ammonium nitrate is and especially the families of West Vir- ations. what they are using today to kill ginia. The land that Paul’s Discount now scores of U.S. troops. We must do all Of course, he also led a life of com- sits upon was purchased by Joe’s ances- that is in our power to ensure the job mitment and fidelity to the Constitu- tor, Franklin Neikirk, and his spouse of making these bombs is made more tion and knew it better than anyone I for 500 cords of wood in 1856. Joe’s par- difficult. When they shift tactics and have ever met and certainly better ents, Paul E. and Frances R. Neikirk, use other ingredients, we will go after than some of our more renowned con- opened the first discount store in those too. Restricting the flow of am- stitutional scholars. south-central Kentucky on that land monium nitrate is, in fact, a very dif- Of course, we know of his commit- 104 years later in the early spring of ficult challenge. But we must do all we ment to this institution, to the Senate. 1960. can to protect our troops on the ground He loved this institution and wrote vol- Founder Paul Neikirk passed away in across the world, but especially our ume after volume about the Senate. We 1974. Today Joe runs the store with his troops in Afghanistan. There is no know that the multivolume work he wife Jamie. The original store occupied more important task at hand. did, the one volume in and of itself— only about 1,800 square feet and had f hundreds of pages on the history of the three employees. Today, Paul’s Dis- Senate—is a compilation of speeches he count boasts more than 20,000 square REMEMBERING SENATOR ROBERT gave on the floor of the Senate, some of feet of selling space, plus three ware- C. BYRD them written out, but some of them he houses. Mr. CASEY. Mr. President, I wish to could give by memory. They offer sporting goods, hardware, offer a few words in remembrance of We know of his capacity to extempo- automotive goods, clothing and crafts. Senator BYRD. I will offer a longer raneously talk about so many topics, Joe’s glad he’s still in the same origi- statement for the RECORD, but I wish whether it was history or poetry or nal location, saying, ‘‘You can’t dupli- to give a few thoughts now. Scripture or the history of the Senate. cate the atmosphere of this building.’’ We do mourn his passing. We see at We will miss his scholarship, we will Judging by the crowd that turned out his desk today a reminder of his pass- miss his service, and we will miss his for the 50th anniversary, he must cer- ing. To say that ROBERT BYRD was a fidelity to his country and to his home tainly be right. towering figure in the history of the State. I, along with others here, am The Commonwealth Journal recently Senate does not begin to describe his honored to have served with him in published an excellent article about impact, his influence and, indeed, the this body. For me it was 31⁄2 years. To Paul’s Discount, the Neikirk family’s memory he leaves behind, the legacy be in his presence, to listen to him, to legacy and the 50th anniversary cele- he leaves behind for those of us in the learn from him is a great gift. We bration that I would like to share with Senate, for his home State of West Vir- mourn his passing. I do not think any my colleagues. I ask unanimous con- ginia, and I know for millions of Amer- of us will believe there will ever be a sent that the full article be printed in icans. Senator quite like him in the 50 years the RECORD. He was a strong advocate for not just he served in this body, in addition to There being no objection, the mate- his point of view but, more impor- serving the people of West Virginia in rial was ordered to be printed in the tantly, for the people of West Virginia. the House of Representatives, as well RECORD, as follows: He arrived in the Senate in 1958—before as in the legislature in West Virginia. [From the Somerset Commonwealth I was born. I was pleased to have the We say farewell and God bless and Journal, June 13, 2010] Godspeed to ROBERT BYRD and his opportunity and honor, the chance to 50 YEARS OF SERVICE—‘‘UNIQUE’’ PAUL’S serve with him a couple of years. memory. We are praying for and think- DISCOUNT—A PULASKI GEM He was a strong advocate. He was ing this day and I know many future (By Tricia Neal, CJ Staff Writer) days about his legacy and his family. also a remarkable orator. Even in the Paul’s Discount has always had a steady last couple years of his life when some Madam President, I yield the floor stream of customers, but yesterday, the cus- thought he might have been slowing and suggest the absence of a quorum. tomers came in droves—packing the parking down a little, when he got the micro- The PRESIDING OFFICER. The lot and spilling out onto Ky. 2227 to help phone, he could deliver a speech like no clerk will call the roll. president and general manager Joe Frank other. He was a tremendous orator who The assistant legislative clerk pro- Neikirk and his employees celebrate 50 years believed in what he was saying, be- ceeded to call the roll. in business. Paul’s Discount, opened in 1960 Mr. CASEY. Madam President, I ask by Joe’s parents, Paul and Frances Neikirk, lieved in the traditions of the Senate unanimous consent that the order for is described by Joe as a ‘‘unique’’ store—of- but mostly, and most importantly, be- the quorum call be rescinded. fering sporting goods, hardware, automotive lieved in fighting for the working men The PRESIDING OFFICER. Without goods, clothing, and crafts. and women and the families of West objection, it is so ordered. What started as an Army surplus store Virginia. with three employees has evolved into a We also knew him as a scholar—a f sprawling, multi-department retail store scholar of not just this institution, MORNING BUSINESS with 30 employees, all of whom Joe says help maybe the leading scholar of all time make Paul’s what it is. ‘‘God has blessed us Mr. CASEY. Madam President, I ask with good employees at every level, from de- when it comes to the institution of the unanimous consent that the Senate partment managers to cashiers,’’ he said. Senate, but also as well as a constitu- proceed to a period of morning busi- Some of Paul’s Discount’s employees have tional scholar. ness, with Senators permitted to speak worked in the store for nearly 30 years. Joe His was a life of commitment, of real for up to 10 minutes each. himself worked in his parents’ store while he fidelity, first and foremost I believe to The PRESIDING OFFICER. Without was in high school and college—and even ear- his family. He spoke often of his wife objection, it is so ordered. lier, he recalled, passing out baby chickens Erma. In the portrait that is just out- to customers at Easter. f ‘‘Customer service is the big thing about side the door, there are three items in TRIBUTE TO JOE FRANK NEIKIRK Paul’s,’’ Joe said. ‘‘You actually get some- his area of control in the picture. He body to ask you if you need help.’’ That kind has his hand on the Bible, the Scrip- Mr. MCCONNELL. Madam President, of friendly service is what brings customers tures, he has a copy of the Constitu- I rise to pay tribute to Joe Frank from Pulaski and surrounding counties—and

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Paul (if necessary, exclusively) on my nomi- legislation. In order to reach its divi- passed away in late 1974. At that time, his nation 30 years ago of John Paul Ste- sive decision granting corporations, brother, Lyle Neikirk, took over manage- vens to the U.S. Supreme Court.’’ banks, and insurance companies new ment of the business. Lyle retired about 14 President Ford was justifiably proud of rights to the detriment of the voices of years later, leaving the shop in the hands of his nomination. Despite those on the individual Americans, the Court over- Paul’s sons, Joe and Randy Neikirk. Joe continues to manage the store, which far right who have ranted against Jus- stepped the proper judicial role, and re- now offers more than 20,000 square feet of tice Stevens’ refusal to be bound by jected not just the conclusions of the selling space plus three warehouses, but he narrow, conservative ideology and who elected branches, but also its own re- says his job has been made easy by those who have criticized his good judgment—just cent precedent upholding the very law surround him. ‘‘Today, my wife, Jamie, and as they have Justice Sandra Day it chose to overturn. In one of his most I run the store. She does human resources, O’Connor and Justice David Souter— powerful dissents, Justice Stevens the employees do most everything else, and his was principled jurisprudence found- noted that: ‘‘[The] Court’s ruling I handle whatever is left,’’ he said. ‘‘Our employees are almost self-suffi- ed on adherence to the rule of law and threatens to undermine the integrity cient.’’ While the merchandise available at an appreciation for the effects of deci- of elected institutions across the na- Paul’s is constantly changing, Joe hopes the sions. tion. The path it has taken to reach its store’s quality customer service and its at- His was the first Supreme Court outcome will, I fear, do damage to this mosphere will keep customers loyal. nomination on which I have been privi- institution.’’ He was right, again. ‘‘We could never open another Paul’s,’’ Joe leged to vote. I have never regretted I share Justice Stevens’ concern for said. ‘‘You can’t duplicate the atmosphere of supporting his confirmation. Just as I the Court’s reputation. Two of the this building.’’ Joe adds that his employees three branches of government are in- help create the atmosphere there. reached across the political aisle to While many things have remained the vote for Justice Stevens, Justice volved in campaigns and elections. same at Paul’s throughout the years, the O’Connor, and Justice Souter, who When the American people see the current management is making sure the were nominated by Republican Presi- third branch reaching out to influence business keeps current. Paul Neikirk never dents, I have urged Senate Republicans those elections—as they did most re- would have imagined that his little shop to fairly consider President Obama’s cently in Arizona—they rightly get would eventually be accessible to millions on nominations. suspicious of its impartiality. I hope the Internet. Now, the business can be found Justice Stevens has written impor- that Elena Kagan will show the judg- at www.paulsdiscount.com and on Facebook. ‘‘That’s part of it nowadays,’’ Joe said. But tant decisions upholding the power of ment and forthrightness of Justice Ste- he still believes customers appreciate a good, Congress to pass legislation to protect vens and share our concern about the old fashioned brick and mortar shopping ex- hard-working Americans. He brought public’s confidence in our judicial sys- perience. to his opinions a keen understanding of tem. Based on her Oxford thesis almost ‘‘People still like to come to a store and the distinct roles set forth in our Con- 20 years ago, before she had even at- look at what they’re buying,’’ he said. Paul’s stitution for courts and for our demo- tended law school, I expect that she Discount is located on Ky. 2227, just north of cratically elected Congress, and a re- will. I hope that she will honor Justice SomerSplash water park. Ky. 2227 is part of spect for both. In Gonzales v. Raich Stevens’ extraordinary legacy and that the former North U.S. 27, and was once the most highly traveled road in the county. The and in Tennessee v. Lane, Justice Ste- of the Justice for whom she clerked, store is now a little more out-of-the-way vens authored the Supreme Court’s Justice Thurgood Marshall, by so than it once was, but Joe says the change in opinions upholding Congress’ actions. I doing. traffic patterns hasn’t hurt his business. suspect these precedents will be even The country needs and deserves a Su- ‘‘Many local people were lost for a while,’’ more important as the Supreme Court preme Court that bases its decisions on Joe recalled. ‘‘We were really dead for a cou- continues to examine laws passed by the law and the Constitution, not poli- ple of weeks. But people find their way. . . . Congress to protect Americans from tics or an ideological agenda. A recent It was an incredible risk (to stay in the same pattern of Supreme Court decisions has location). I thought it would affect us a lot discriminatory health insurance poli- more than it has.’’ Store hours are 8 a.m. to cies and fraudulent Wall Street prac- emerged by a conservative, activist 8 p.m., Mondays through Saturdays. tices. majority. These opinions have twisted f A decade ago, the Supreme Court both the Constitution and the law to overreached and unnecessarily waded favor big corporations over the inter- NOMINATION OF ELENA KAGAN into the political thicket to award the ests of hard-working Americans. Mr. LEAHY. Madam President, this presidency in a close election to The most recent example of this con- morning, the Supreme Court concluded George W. Bush. In his dissent, Justice servative activism came just last week its work for the term and, accordingly, Stevens lamented that the decision in a case called Rent-a-Center v. Jack- it was Justice John Paul Stevens’ last would damage the Court’s reputation son when they distorted their own day on the Court. This afternoon, the and it did. He noted: ‘‘Although we precedent the clear congressional in- Senate Judiciary Committee began the may never know with complete cer- tent in passing the Federal Arbitration hearing on the nomination of Elena tainty the identity of the winner of Act, FAA. Congress did not intend the Kagan to succeed Justice Stevens on this year’s Presidential election, the FAA to apply to employment cases and the Supreme Court of the United identity of the loser is perfectly clear. certainly did not intend involuntary States. It is the Nation’s confidence in the and unconscionable provisions requir- Solicitor General Kagan appro- judge as an impartial guardian of the ing binding mandatory arbitration to priately included a tribute to Justice rule of law.’’ override civil rights protections Stevens in her opening remarks. The While the public’s memory of that against racial discrimination and re- Nation is indebted to Justice Stevens partisan decision was receding, it came taliation, as was allowed in that case. for his decades of service to this coun- rushing back when the Supreme Court The five Justices distorted the law to try, from his days as a Navy intel- issued another election-related deci- forbid almost all court challenges to ligence officer during World War II for sion in the Citizens United case. In arbitration. In doing so, the court which he was awarded a Bronze Star, to Citizens United, five conservative, ac- stripped quintessential civil rights pro- his contributions as a circuit judge, to tivist Justices overturned a century of tections that Congress has passed over his 35 years on our highest Court and law to empower corporations to over- the last several decades for hundreds of his leadership there. whelm and distort the democratic proc- thousands of Americans who work

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under mandatory arbitration agree- Auburn, ME, and Linda and Jonathan ment reached by Chairman BAUCUS and ments. It is artifice and activism to the Larrivee of Littleton, NH. He is also me. detriment of hard-working Americans survived by numerous siblings, grand- If you take a look at newspaper ac- who deserve their day in court. parents, aunts, uncles and cousins. counts of that period, you’d come away The law is not a game. The law is in- This young patriot will be dearly with the impression that the tax ex- tended to serve the people—protecting missed by all. tenders are partisan pork for Repub- the freedom of individuals from the I ask my colleagues and all Ameri- licans. A representative sample comes tyranny of government or the mob, and cans to join me in honoring the life of from one report, which describes the helping to organize our society for the Army PFC Barry Daniel Smith. bipartisan bill as ‘‘an extension of soon-to-expire tax breaks that are good of all. No Justice should sub- f stitute his or her personal preferences highly beneficial to major corpora- TAX EXTENDERS BILL and overrule congressional efforts tions, known as tax extenders, as well passed into law to protect hard-work- Mr. GRASSLEY. Madam President, I as other corporate giveaways that had ing Americans pursuant to our con- was surprised to see the Senate major- been designed to win GOP support.’’ stitutional role. Judges must approach ity leader on Friday morning, in some The Washington Post included this at- every case with an open mind and a of the harshest possible language, tribution to the Senate Democratic commitment to fairness and the rule of make the misleading assertion that leadership in an article at that time: law. I was encouraged to hear Solicitor Senate Republicans oppose the under- ‘‘We’re pretty close,’’ [the majority General Kagan voice similar views in lying policy in the tax extenders bill. leader] said Friday during a television her eloquent opening statement today. His statement conveniently ignored appearance in Nevada, adding that he I hope Americans took the opportunity the basic reason nearly every Repub- thought ‘‘fat cats’’ would have bene- to see and hear from the nominee her- lican for opposing the Democratic lead- fitted too much from the larger Bau- self. If they did, I suspect that they ership’s substitute. It was opposed to cus-Grassley bill.’’ The portrait that was painted by cer- will be supportive. because it perpetuated the large deficit tain members of the majority in some Tomorrow each Senator on the Judi- spending that has become the modus press reports was inaccurate. ciary Committee, whether Republican operandi of the Democratic leadership. For one thing the tax extenders in- and Democrat, will have 30 minutes to The way to a bipartisan agreement is to follow the path set 1 week ago clude provisions such as the deduction question her. I urge Senators to listen for qualified tuition and related ex- to Solicitor General Kagan’s responses today. Just 1 week ago, the Senate passed a bill that extended the so- penses and also the deduction for cer- and to approach the hearing with the tain expenses of elementary and sec- called Medicare doc fix for several same openmindedness and impartiality ondary school teachers. If you are that we expect from Supreme Court months. The bill was fully offset. It was paid going to school or if you are a grade Justices. school teacher, the Senate Democratic for. It did not add to the deficit. Every f leadership apparently viewed you as a Republican Senator supported that fis- fat cat. If your house was destroyed in HONORING OUR ARMED FORCES cally responsible approach. I would a recent natural disaster and you still PRIVATE FIRST CLASS BARRY DANIEL SMITH like to make a couple of points on the need any of the temporary disaster re- process employed by the Democratic Mrs. SHAHEEN. Madam President, lief provisions contained in the extend- leadership. The majority leader’s com- today I rise to express my deepest sym- ers package, too bad, because helping ments this morning are typical of the pathies to the family of Army PFC you would amount to a corporate give- dysfunctional way that these routine Barry Daniel Smith, who died on May away in the eyes of some. 7 while stationed at Fort Hood, TX. He extenders have been unnecessarily de- The tax extenders have been rou- enlisted in the Army in October of 2009 layed by the strategy and tactics of the tinely passed repeatedly because they and completed basic training and Mul- Democratic leadership. are bipartisan and very popular. Demo- tiple Launch Rocket System training What I find surprising is that we crats have consistently voted in favor before joining the 2nd Battalion, 20th took up a package, the fourth in the of extending these tax provisions. Field Artillery, MLRS, 41st Fires Bri- latest series, that, like previous exer- House Speaker NANCY PELOSI released gade. The American people will forever cises, absolutely belongs to the Senate a very strong statement upon House be grateful to Private First Class Democratic leadership. That is to say passage of tax extenders in December Smith for his willingness to serve. they continued to refuse to take up a of 2009, saying this was ‘‘good for busi- A longtime New Hampshire resident, bipartisan package that I put together nesses, good for homeowners, and good Barry was a graduate of Littleton High with Finance Committee Chairman for our communities.’’ December of School and Hesser College in Man- BAUCUS. To be sure, some of the struc- 2009 was not very long ago. In 2006, the chester, where he earned a degree in ture reflected the agreement my then-Democratic leader released a blis- criminal justice. He was a lover of the friend, the chairman and I reached. tering statement ‘‘after Bush Repub- great outdoors, of hunting and camping I was under the impression that the licans in the Senate blocked passage of with family and friends. With his Senate Democratic leadership was gen- critical tax extenders’’ because ‘‘Amer- friendly nature and wonderful laugh, uine in its desire to work on a bipar- ican families and businesses are paying Barry made friends easily and had tisan basis, but clearly I was mistaken. the price because this Do Nothing Re- many. Although the Senate Democratic lead- publican Congress refuses to extend im- Private Smith exemplified the best ership was highly involved in the devel- portant tax breaks.’’ in America’s long tradition of service opment of a bipartisan bill, they arbi- Recent bipartisan votes in the Senate to this country. He was extremely trarily decided to replace it with a bill on extending expiring tax provisions proud to serve in the U.S. Army. Our that skews toward their liberal wing. have come in the Emergency Economic Nation can never adequately thank My second comment goes to the way Stabilization Act of 2008, the Tax Re- Private Smith for his willingness to in which these expiring tax provisions lief and Health Care Act of 2006, which make the ultimate sacrifice in the de- have been described by many on the passed the Senate by unanimous con- fense of the American people, nor can other side, including those in the sent and the Working Families Tax Re- words diminish the pain of losing this Democratic leadership. If you rolled lief Act of 2004, which originally passed young soldier. It is now up to us to the videotape back a few months or so the Senate by voice vote, although the honor his memory by supporting our ago, you would hear a lot of dispar- conference report only received 92 veterans and their families and ensur- aging comments about these routine, votes in favor and a whopping 3 ing America’s continued security. bipartisan extenders. From my per- against. According to the non-partisan Private Barry Smith is survived by spective, those comments were made in Congressional Research Service, exten- his parents Dan and Shelly Smith of an effort to sully the bipartisan agree- sion of several of these provisions go

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TSA needs to ‘‘Our side isn’t sure that the Repub- the result won’t be jobs kept here at utilize equipment that is currently licans are real interested in developing home. available to identify plastic and liquid good policy and to move forward to- No, the result will instead be that explosives as well as move forward gether. Instead, they are more inclined the U.S. will become a less and less at- with the development and testing of to play rope-a-dope again, My own view tractive place to have a parent com- new technologies to fight emerging is, let’s test them.’’ Another Member of pany, to have a global headquarters. threats. this large 59-vote majority exclaimed, This will result in less, not more, but Our bill will require TSA to install ‘‘It looks more like a tax bill than a less jobs here in America. technology with the capability of de- jobs bill to me. What the Democratic But that is certainly not my only ob- tecting plastic explosives, liquid explo- Caucus is going to put on the floor is jection. Not only could these inter- sives and other nonmetallic threats something that’s more focused on job national tax increases result in less and explosives. These devices have creation than on tax breaks.’’ American jobs, but these proposed tax been tested and available since 2007. Reading those comments I found my- increases have not had adequate vet- The delay in deployment has gone on self scratching my head. The only ex- ting. In some cases, the proposed tax long enough. The SAFER AIR Act will planation for this behavior is that cer- increases would actually be retro- require this technology in all commer- tain senators decided last week that it active. These tax increases would be cial airports by 2013 and will encourage serves a deeply partisan goal to slander permanent tax increases, meant to pay the further development of these tech- what have been for several years bipar- for temporary tax reductions—a nologies as threats continue to ad- vance. tisan and popular tax provisions bene- strange miss-match. If these inter- national tax increases really are loop- An important provision in our legis- fitting many different people. The lation is the privacy protections it will Washington Post article I quoted from hole closers, then it is squandering them to use them for such temporary establish for our traveling public. I ap- earlier includes a statement from a plaud TSA for the protections it has al- Senate Democratic leadership aide say- provisions, rather than to use them to pay for corporate tax reform. ready put in place. Our language will ing that ‘‘No decisions have been made, codify those protections and ensure the but anyone expecting us immediately Finally, the business community— that is, the hiring sector—has reacted new technologies will also be used in a to go back to a bill that includes tax quite negatively to this bill, even manner that doesn’t violate the per- extenders will be sorely disappointed.’’ sonal privacy of commercial flyers in You can imagine, that today, after though the bill also contains the tax extenders that the business community the United States. considering these comments, I am real- New and emerging technologies have ly scratching my head. We have before wants. Those are the reasons that I oppose a great ability to detect nontraditional us the expiring tax and health provi- these tax increases. threats. I am eager to see these capa- sions that were disparaged just a short bilities improved through further inno- time ago. Have they morphed from cor- f vation and testing. I urge my col- porate tax pork? Have they suddenly SAFER AIR ACT leagues to join me in supporting the re-acquired their bipartisan character? Mr. BENNETT. Madam President, I SAFER AIR Act and do all we can to Are these time-sensitive items, now ex- am pleased to rise today to speak better protect the traveling public pired for more than 2 months, suddenly about an important piece of legislation from existing and emerging threats. jobs-related? that I introduced last week with my f Madam President, I also want to cor- friend Senator KLOBUCHAR. The SAFER ADDITIONAL STATEMENTS rect the record regarding a statement AIR Act is going to bring our commer- made last Thursday night by the senior cial air travel security checkpoints Senator from Illinois. He said that the into the 21st century. Threats to our ARKANSAS NEWS-EDITORIAL international tax increases that the Nation’s air travelers have advanced CONTEST WINNERS Democrats have called for in the ex- and magnetometers are simply not ∑ Mrs. LINCOLN. Madam President, tenders bill would stop companies from enough in this post-9/11 world. Our leg- today I congratulate the 2010 winners sending jobs overseas. If only these islation would support and expand of the Arkansas Press Association’s international tax increases would do TSA’s current efforts to adopt and de- News-Editorial Contest, who were hon- that, I would be at the front of the line, ploy advanced technologies, like the ored this past weekend during the 2010 doing what I could to pass them. But, advanced imaging technology, and ex- Tri-State Convention, cohosted by the unfortunately, that is not what they plosive trace detection at an acceler- press associations of Arkansas, Mis- would do. I would like to briefly de- ated pace to ensure such equipment is sissippi and Tennessee. I commend the scribe why, if anything, these inter- the primary screening method in every Arkansas reporters, editors, and staff national tax increases would actually commercial airport. who were recognized during this pres- tend to hurt the job market here at The December 25 terror attempt on tigious event. home in America. NW flight 253 was a frightening wake- Under the leadership of executive di- Quite to the contrary of the com- up call that could have been prevented. rector Tom Larimer, the Arkansas plaint by the senior Senator from Illi- It represents a failure in the mecha- Press Association serves 135 news- nois, these international tax increases nisms of our national security. This papers: 99 weeklies, six semi-weeklies, may make American businesses less failed plot highlights our need to look 28 dailies and 2 free newspapers. competitive in the global marketplace. at areas that can increase our security Our Arkansas newspapers inform Increased taxes increase the cost of in the national airport system imme- citizens throughout our State and are doing business. Those tax increases are diately. Important security improve- an essential part of Arkansas’s culture. targeted only at U.S. companies on ments have been made in intelligence I appreciate the dedication of all of our their business abroad. They are not handling, but I am convinced more Arkansas news media, and I commend aimed at foreign companies with which needs to be done. Airport security im- them on their commitment to excel- the U.S. companies are competing side- provements are a needed and overdue lence in journalism. by-side. Guess what. The cost must be part of the equation. As the oldest professional association absorbed by the U.S. company. The I have been watching our domestic in the State, the Arkansas Press Asso- cost of these tax increases may make it airport security closely in the past ciation has a long history of supporting

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Lenny was a tary construction, and for defense activities live in a society where reporters are model civil servant, and for that he de- of the Department of Energy, to prescribe able to perform their jobs freely and serves our respect and praise. military personnel strengths for such fiscal year, and for other purposes. openly. Lenny was also a model citizen, and H.R. 5175. An act to amend the Federal I again congratulate all of the win- whether he thought so or not, a hero. Election Campaign Act of 1971 to prohibit ners of this year’s conference.∑ In January 1982, Lenny witnessed a foreign influence in Federal elections, to f horrible event when an Air Florida prohibit government contractors from mak- plane crashed into the Potomac River ing expenditures with respect to such elec- TRIBUTE TO MARTIN LEONARD near the 14th Street bridge. Without so tions, and to establish additional disclosure SKUTNIK much as a thought about his own safe- requirements with respect to spending in ∑ Mr. CONRAD. Madam President, I ty, Lenny jumped into the river, which such elections, and for other purposes. want to take a moment to honor a was full of chunks of floating ice, and f great civil servant. On June 4, Martin saved the life of one of the crash vic- MEASURES PLACED ON THE Leonard Skutnik retired after 30 years tims. He was honored later that month CALENDAR of working at the Congressional Budget by President Reagan during his State Office. Lenny exemplified the best of of the Union Address, and this began The following bill was read the first our public workforce. In his decades of the inspirational tradition of Presi- and second times by unanimous con- service, Lenny worked tirelessly to dents honoring ordinary people who sent, and placed on the calendar: support the work of CBO. He moved have done extraordinary things. H.R. 5136. An act to authorize appropria- from handling mail and supplies, to Through it all, Lenny shied away tions for fiscal year 2011 for military activi- ties of the Department of Defense, for mili- printing reports, to providing IT sup- from the spotlight and continued to re- port. Lenny’s behind-the-scenes efforts tary construction, and for defense activities port to work, putting 100 percent effort of the Department of Energy, to prescribe helped CBO in its mission to provide into his work each day. He worked military personnel strengths for such fiscal Congress and the public with clear, hard, remained humble, and never year, and for other purposes. timely, and accurate information. For sought to exploit his fame. His char- f that alone, he deserves our recognition acter exemplifies the best of the Amer- and deepest thanks. ican spirit, and for that he deserves our MEASURES READ THE FIRST TIME But Lenny will also be remembered admiration. I wish to thank Lenny for The following bill was read the first for the heroic deed he performed early his hard work and for his heroism— time: in his career at CBO. On a cold January may he enjoy a healthy and well-de- H.R. 5175. An act to amend the Federal day in 1982, Lenny was returning home served retirement.∑ Election Campaign Act of 1971 to prohibit from work when he witnessed Air Flor- f foreign influence in Federal elections, to ida flight 90 crash into the Potomac prohibit government contractors from mak- River. Risking his own life, Lenny MESSAGES FROM THE PRESIDENT ing expenditures with respect to such elec- jumped into the icy waters and saved Messages from the President of the tions, and to establish additional disclosure one of the passengers from drowning. United States were communicated to requirements with respect to spending in such elections, and for other purposes. His selfless and heroic act was widely the Senate by Mrs. Neiman, one of his acclaimed at the time. President secretaries. f Reagan honored Lenny in his State of f EXECUTIVE AND OTHER the Union Address, singling him out in COMMUNICATIONS the House gallery. This acknowledge- CAPS EXECUTIVE MESSAGES ment began the tradition of Presidents, REFERRED The following communications were laid before the Senate, together with in their State of the Union Addresses, As in executive session the Presiding accompanying papers, reports, and doc- recognizing people who have done ex- 0fficer laid before the Senate messages uments, and were referred as indicated: traordinary things. The President’s from the President of the United gallery in the House is now often re- States submitting sundry nominations EC–6401. A communication from the Sec- ferred to as ‘‘the Heroes’ Gallery,’’ retary of the Air Force, transmitting, pursu- and a withdrawal which were referred ant to law, the RAND report entitled ‘‘Re- thanks to Lenny. to the appropriate committees. Lenny received many awards and taining F–22A Tooling: Options and Costs’’; (The nominations received today are to the Committee on Armed Services. honors for his actions on that day. But printed at the end of the Senate pro- EC–6402. A communication from the Chief he never sought out the limelight or ceedings.) of the Border Security Regulations Branch, asked for special treatment. He re- Customs and Border Protection, Department f mained a humble and hardworking pub- of Homeland Security, transmitting, pursu- lic servant. Lenny insists he ‘‘wasn’t a MESSAGE FROM THE HOUSE ant to law, the report of a rule entitled ‘‘Ad- hero,’’ and that he ‘‘was just someone ministrative Process for Seizures and For- ENROLLED BILL SIGNED feitures Under the Immigration and Nation- who helped another human being.’’ But Under the authority of the order of we know a hero when we see one. We ality Act and Other Authorities’’ (RIN1651– the Senate of January 6, 2009, the fol- AA58) received in the Office of the President can’t thank Lenny enough for his long, lowing enrolled bill, previously signed of the Senate on June 23, 2010; to the Com- faithful service to CBO and the Amer- by the Speaker of the House, was mittee on Commerce, Science, and Transpor- ican people. I wish him a long, happy, signed on today, June 28, 2010, by the tation. ∑ EC–6403. A communication from the Attor- and well-deserved retirement. President pro tempore (Mr. INOUYE): ∑ Mr. GREGG. Madam President, today ney Advisor, U.S. Coast Guard, Department H.R. 2194. An act to amend the Iran Sanc- I would like to recognize and thank a of Homeland Security, transmitting, pursu- tions Act of 1996 to enhance United States ant to law, the report of a rule entitled ‘‘Spe- dedicated civil servant, Martin Leon- diplomatic efforts with respect to Iran by ex- ard Skutnik. Lenny, as he is known, cial Local Regulation for Marine Events; panding economic sanctions against Iran. Temporary Change of Dates for Recurring recently retired after working for 30 Marine Events in the Fifth Coast Guard Dis- years for the Congressional Budget Of- At 2:03 p.m., a message from the trict’’ ((RIN1625–AA08) (Docket No. USG– fice. He started at CBO in 1980 handling House of Representatives, delivered by 2010–0102)) received in the Office of the Presi- the mail and messenger duties—before Mrs. Cole, one of its reading clerks, an- dent of the Senate on June 23, 2010; to the

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11842 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 Committee on Commerce, Science, and AA00) (Docket No. USG–2010–0389)) received Zone, San Clemente Island, CA’’ ((RIN1625– Transportation. in the Office of the President of the Senate AA00) (Docket No. USG–2009–0277)) received EC–6404. A communication from the Attor- on June 23, 2010; to the Committee on Com- in the Office of the President of the Senate ney Advisor, U.S. Coast Guard, Department merce, Science, and Transportation. on June 23, 2010; to the Committee on Com- of Homeland Security, transmitting, pursu- EC–6412. A communication from the Attor- merce, Science, and Transportation. ant to law, the report of a rule entitled ney, U.S. Coast Guard, Department of Home- EC–6420. A communication from the Attor- ‘‘Regulated Navigation Area; U.S. Navy Sub- land Security, transmitting, pursuant to ney Advisor, U.S. Coast Guard, Department marines, Hood Canal, WA’’ ((RIN1625–AA11) law, the report of a rule entitled ‘‘Safety of Homeland Security, transmitting, pursu- (Docket No. USG–2009–1058)) received in the Zone; Marathon Oil Refinery Construction, ant to law, the report of a rule entitled Office of the President of the Senate on June Rouge River, Detroit, MI’’ ((RIN1625–AA00) ‘‘Safety Zone; Under Water Clean Up of Cop- 23, 2010; to the Committee on Commerce, (Docket No. USG–2010–0333)) received in the per Canyon, Lake Havasu, AZ’’ ((RIN1625– Science, and Transportation. Office of the President of the Senate on June AA00) (Docket No. USG–2010–0168)) received EC–6405. A communication from the Attor- 23, 2010; to the Committee on Commerce, in the Office of the President of the Senate ney Advisor, U.S. Coast Guard, Department Science, and Transportation. on June 23, 2010; to the Committee on Com- of Homeland Security, transmitting, pursu- EC–6413. A communication from the Attor- merce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Spe- ney, U.S. Coast Guard, Department of Home- EC–6421. A communication from the Attor- cial Local Regulations for Marine Events; land Security, transmitting, pursuant to ney Advisor, U.S. Coast Guard, Department Patapsco River, Northwest Harbor, Balti- law, the report of a rule entitled ‘‘Safety of Homeland Security, transmitting, pursu- more, MD’’ ((RIN1625–AA08) (Docket No. Zone; May Fireworks Displays within the ant to law, the report of a rule entitled USG–2010–0087)) received in the Office of the Captain of the Port Puget Sound Area of Re- ‘‘Safety Zone; Riser for DEEPWATER HORI- President of the Senate on June 29, 2010; to sponsibility (AOR)’’ ((RIN1625–AA00) (Docket ZON at Mississippi Canyon 252 Outer Conti- the Committee on Commerce, Science, and No. USG–2010–0285)) received in the Office of nental Shelf MODU in the Gulf of Mexico’’ Transportation. the President of the Senate on June 23, 2010; ((RIN1625–AA00) (Docket No. USG–2010–0337)) EC–6406. A communication from the Attor- to the Committee on Commerce, Science, received in the Office of the President of the ney Advisor, U.S. Coast Guard, Department and Transportation. Senate on June 23, 2010; to the Committee on of Homeland Security, transmitting, pursu- EC–6414. A communication from the Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Se- Project Council, U.S. Coast Guard, Depart- EC–6422. A communication from the Sec- curity Zone; Portland Rose Festival Fleet ment of Homeland Security, transmitting, retary of Energy, transmitting, pursuant to Week, Willamette River, Portland, OR’’ pursuant to law, the report of a rule entitled law, an annual report relative to the Stra- ((RIN1625–AA87) (Docket No. USG–2010–0196)) ‘‘Safety Zone, Brandon Road Lock and Dam tegic Petroleum Reserve for calendar year received in the Office of the President of the to Lake Michigan including Des Plaines 2008; to the Committee on Energy and Nat- Senate on June 23, 2010; to the Committee on River, Chicago Sanitary and Ship Canal, Chi- ural Resources. Commerce, Science, and Transportation. cago River, and Calumet—Saganashkee EC–6423. A communication from the Chief EC–6407. A communication from the Attor- Channel, Chicago, IL’’ ((RIN1625–AA00) of the Publications and Regulations Branch, ney Advisor, U.S. Coast Guard, Department (Docket No. USG–2010–0166)) received in the Internal Revenue Service, Department of the of Homeland Security, transmitting, pursu- Office of the President of the Senate on June Treasury, transmitting, pursuant to law, the ant to law, the report of a rule entitled ‘‘Se- 23, 2010; to the Committee on Commerce, report of a rule entitled ‘‘Revenue Proce- curity Zone; Potomac River, Washington Science, and Transportation. dure: Safe Harbors for Sections 143 and 25’’ Channel, Washington, DC’’ ((RIN1625–AA87) EC–6415. A communication from the Attor- (Rev. Proc. 2010–25) received in the Office of (Docket No. USG–2010–0405)) received in the ney Advisor, U.S. Coast Guard, Department the President of the Senate on June 23, 2010; Office of the President of the Senate on June of Homeland Security, transmitting, pursu- to the Committee on Finance. 23, 2010; to the Committee on Commerce, ant to law, the report of a rule entitled EC–6424. A communication from the Chair- Science, and Transportation. ‘‘Safety Zone; Gallants Channel, Beaufort, man of the Council of the District of Colum- EC–6408. A communication from the Attor- NC’’ ((RIN1625–AA00) (Docket No. USG–2010– bia, transmitting, pursuant to law, a report ney Advisor, U.S. Coast Guard, Department 0120)) received in the Office of the President on D.C. Act 18–435, ‘‘Brookland Streetscape of Homeland Security, transmitting, pursu- of the Senate on June 23, 2010; to the Com- Temporary Act of 2010’’; to the Committee ant to law, the report of a rule entitled ‘‘Se- mittee on Commerce, Science, and Transpor- on Homeland Security and Governmental Af- curity Zone; Golden Guardian 2010 Regional tation. fairs. Exercise; San Francisco Bay, San Francisco, EC–6416. A communication from the Attor- EC–6425. A communication from the Chair- CA’’ ((RIN1625–AA87) (Docket No. USG–2010– ney Advisor, U.S. Coast Guard, Department man of the Council of the District of Colum- 0221)) received in the Office of the President of Homeland Security, transmitting, pursu- bia, transmitting, pursuant to law, a report of the Senate on June 23, 2010; to the Com- ant to law, the report of a rule entitled on D.C. Act 18–436, ‘‘Renewable Energy In- mittee on Commerce, Science, and Transpor- ‘‘Safety Zone; Marine Events within the Cap- centive Program Fund Balance Rollover tation. tain of the Port Sector Northern New Eng- Temporary Amendment Act of 2010’’; to the EC–6409. A communication from the Attor- land Area of Responsibility’’ ((RIN1625–AA00) Committee on Homeland Security and Gov- ney, U.S. Coast Guard, Department of Home- (Docket No. USG–2010–0239)) received in the ernmental Affairs. land Security, transmitting, pursuant to Office of the President of the Senate on June EC–6426. A communication from the Chair- law, the report of a rule entitled ‘‘Safety 23, 2010; to the Committee on Commerce, man of the Council of the District of Colum- Zone; Annual Events Requiring Safety Zones Science, and Transportation. bia, transmitting, pursuant to law, a report in the Captain of the Port Lake Michigan EC–6417. A communication from the Attor- on D.C. Act 18–437, ‘‘Commission on Uniform Zone’’ ((RIN1625–AA00) (Docket No. USG– ney Advisor, U.S. Coast Guard, Department State Laws Appointment Authorization 2010–0129)) received in the Office of the Presi- of Homeland Security, transmitting, pursu- Temporary Act of 2010’’; to the Committee dent of the Senate on June 23, 2010; to the ant to law, the report of a rule entitled on Homeland Security and Governmental Af- Committee on Commerce, Science, and ‘‘Safety Zone; KFOG Kaboom, Fireworks fairs. Transportation. Display, San Francisco, CA’’ ((RIN1625–AA00) EC–6427. A communication from the Chair- EC–6410. A communication from the Attor- (Docket No. USG–2010–0162)) received in the man of the Council of the District of Colum- ney, U.S. Coast Guard, Department of Home- Office of the President of the Senate on June bia, transmitting, pursuant to law, a report land Security, transmitting, pursuant to 23, 2010; to the Committee on Commerce, on D.C. Act 18–438, ‘‘District of Columbia law, the report of a rule entitled ‘‘Safety Science, and Transportation. Public Schools Teacher Reinstatement Tem- Zone; Tri-City Water Follies Hydroplane EC–6418. A communication from the Attor- porary Act of 2010’’; to the Committee on Races Practice Sessions, Columbia River, ney Advisor, U.S. Coast Guard, Department Homeland Security and Governmental Af- Kennewick, WA’’ ((RIN1625–AA00) (Docket of Homeland Security, transmitting, pursu- fairs. No. USG–2010–0277)) received in the Office of ant to law, the report of a rule entitled EC–6428. A communication from the Chair- the President of the Senate on June 23, 2010; ‘‘Safety Zone; Sea World Summer Nights man of the Council of the District of Colum- to the Committee on Commerce, Science, Fireworks, Mission Bay, San Diego, CA’’ bia, transmitting, pursuant to law, a report and Transportation. ((RIN1625–AA00) (Docket No. USG–2010–0213)) on D.C. Act 18–439, ‘‘Solar Thermal Incentive EC–6411. A communication from the Attor- received in the Office of the President of the Temporary Amendment Act of 2010’’; to the ney, U.S. Coast Guard, Department of Home- Senate on June 23, 2010; to the Committee on Committee on Homeland Security and Gov- land Security, transmitting, pursuant to Commerce, Science, and Transportation. ernmental Affairs. law, the report of a rule entitled ‘‘Safety EC–6419. A communication from the Attor- EC–6429. A communication from the Chair- Zone; Washington State Department of ney Advisor, U.S. Coast Guard, Department man of the Council of the District of Colum- Transportation Ferries Division Marine Res- of Homeland Security, transmitting, pursu- bia, transmitting, pursuant to law, a report cue Response (M2R) Full-Scale Exercise for a ant to law, the report of a rule entitled on D.C. Act 18–440, ‘‘Senior Housing Mod- Mass Rescue Incident (MRI)’’ ((RIN1625– ‘‘Safety Zone; San Clemente 3 NM Safety ernization Grant Fund Act of 2010’’; to the

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11843 Committee on Homeland Security and Gov- ices to support the C3 Commercial Commu- ures to prevent similar incidents, to improve ernmental Affairs. nication Satellite Programs of Brazil in the the Oil Spill Liability Trust Fund and Fed- EC–6430. A communication from the Chair- amount of $50,000,000 or more; to the Com- eral oil spill research, and for other pur- man of the Council of the District of Colum- mittee on Foreign Relations. poses; to the Committee on Finance. bia, transmitting, pursuant to law, a report EC–6438. A communication from the Assist- f on D.C. Act 18–444, ‘‘Prohibition Against ant Secretary, Bureau of Legislative Affairs, Human Trafficking Amendment Act of 2010’’; Department of State, transmitting, pursuant SUBMISSION OF CONCURRENT AND to the Committee on Homeland Security and to the Arms Export Control Act, the certifi- SENATE RESOLUTIONS Governmental Affairs. cation of a proposed technical assistance The following concurrent resolutions EC–6431. A communication from the Gen- agreement for the export of defense articles, eral Counsel, Office of Management and including, technical data, and defense serv- and Senate resolutions were read, and Budget, Executive Office of the President, ices to support the 737 Airborne Early Warn- referred (or acted upon), as indicated: transmitting, pursuant to law, (3) reports ing and Control Wedgetail System pre- By Mr. REID (for himself and Mr. relative to vacancies in positions in the Of- viously delivered to the Commonwealth of MCCONNELL): fice of Management and Budget; to the Com- Australia in the amount of $100,000,000 or S. Res. 567. A resolution to elect Daniel K. mittee on Homeland Security and Govern- more; to the Committee on Foreign Rela- Inouye, a Senator from the State of Hawaii, mental Affairs. tions. to be President pro tempore of the Senate of EC–6432. A communication from the Sec- EC–6439. A communication from the Assist- the United States; considered and agreed to. retary of Education, transmitting, pursuant ant Secretary, Bureau of Legislative Affairs, By Mr. REID (for himself and Mr. to law, a report on the Department’s Semi- Department of State, transmitting, pursuant MCCONNELL): annual Report to Congress on Audit Follow- to the Arms Export Control Act, the certifi- S. Res. 568. A resolution notifying the Up for the period of October 1, 2009, through cation of a proposed amendment to a tech- House of Representatives of the election of a March 31, 2010; to the Committee on Home- nical assistance agreement for the export of President pro tempore; considered and land Security and Governmental Affairs. defense articles, including, technical data, agreed to. EC–6433. A communication from the Assist- and defense services for the upgrade of Swed- By Mr. REID (for himself and Mr. ant Secretary, Bureau of Legislative Affairs, ish Low Coverage Radars in the amount of MCCONNELL): Department of State, transmitting, pursuant $50,000,000 or more; to the Committee on For- S. Res. 569. A resolution notifying the to the Arms Export Control Act, the certifi- eign Relations. President of the United States of the elec- cation of a proposed manufacturing license EC–6440. A communication from the Assist- tion of a President pro tempore; considered agreement for the export of defense articles, ant Legal Adviser for Treaty Affairs, Depart- and agreed to. including technical data and defense services ment of State, transmitting, pursuant to the By Mr. CASEY (for himself, Mr. LEVIN, to Japan and Israel to support the manufac- Case-Zablocki Act, 1 U.S.C. 112b, as amended, Mr. KAUFMAN, Mr. WEBB, Mr. REED, ture and assembly of Helmet Mounted Dis- the report of the texts and background state- Ms. SNOWE, and Mr. KYL): plays for the Fighter Aircraft of the Armed ments of international agreements, other S. Res. 570. A resolution calling for contin- Forces of Japan in the amount of $50,000,000 than treaties (List 2010–0089—2010–0092); to ued support for and an increased effort by or more; to the Committee on Foreign Rela- the Committee on Foreign Relations. the Governments of Pakistan, Afghanistan, tions. f and other Central Asian countries to effec- EC–6434. A communication from the Assist- tively monitor and regulate the manufac- ant Secretary, Bureau of Legislative Affairs, REPORTS OF COMMITTEES ture, sale, transport, and use of ammonium Department of State, transmitting, pursuant The following reports of committees nitrate fertilizer in order to prevent the to the Arms Export Control Act, the certifi- transport of ammonium nitrate into Afghan- cation of a proposed manufacturing license were submitted: istan where the ammonium nitrate is used in agreement for the export of defense articles, By Mrs. BOXER, from the Committee on improvised explosive devices; considered and including, technical data, and defense serv- Environment and Public Works, with amend- agreed to. ices to Bermuda, Hong Kong, Cayman Is- ments: By Mrs. GILLIBRAND (for herself, Mr. lands, Malaysia and the Philippines for the S. 2129. A bill to authorize the Adminis- VOINOVICH, Mr. LIEBERMAN, Mr. SCHU- sale and support of the Asia Broadcast Sat- trator of General Services to convey a parcel MER, Mr. LEVIN, Mr. CASEY, Mr. KYL, ellite 2 (ABS 2) Commercial Communications of real property in the District of Columbia and Mr. VITTER): Satellite Program in the amount of to provide for the establishment of a Na- S. Res. 571. A resolution calling for the im- $50,000,000 or more; to the Committee on For- tional Women’s History Museum (Rept. No. mediate and unconditional release of Israeli eign Relations. 111–216). soldier Gilad Shalit held captive by Hamas, EC–6435. A communication from the Assist- H.R. 1700. A bill to authorize the Adminis- and for other purposes; considered and ant Secretary, Bureau of Legislative Affairs, trator of General Services to convey a parcel agreed to. Department of State, transmitting, pursuant of real property in the District of Columbia By Mr. REID (for himself, Mr. MCCON- to the Arms Export Control Act, the certifi- to provide for the establishment of a Na- NELL, Mr. ROCKEFELLER, Mr. AKAKA, cation of a proposed manufacturing license tional Women’s History Museum (Rept. No. Mr. ALEXANDER, Mr. BARRASSO, Mr. agreement for the export of defense articles, 111–217). BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. including, technical data, and defense serv- f BENNET, Mr. BENNETT, Mr. BINGAMAN, ices to Japan and Israel to support the man- Mr. BOND, Mrs. BOXER, Mr. BROWN of ufacture and assembly of Helmet Mounted INTRODUCTION OF BILLS AND Massachusetts, Mr. BROWN of Ohio, Displays for the Fighter Aircraft of the JOINT RESOLUTIONS Mr. BROWNBACK, Mr. BUNNING, Mr. Armed Forces of Japan in the amount of The following bills and joint resolu- BURR, Mr. BURRIS, Ms. CANTWELL, $50,000,000 or more; to the Committee on For- tions were introduced, read the first Mr. CARDIN, Mr. CARPER, Mr. CASEY, eign Relations. Mr. CHAMBLISS, Mr. COBURN, Mr. EC–6436. A communication from the Assist- and second times by unanimous con- COCHRAN, Ms. COLLINS, Mr. CONRAD, ant Secretary, Bureau of Legislative Affairs, sent, and referred as indicated: Mr. CORKER, Mr. CORNYN, Mr. CRAPO, Department of State, transmitting, pursuant By Mr. WHITEHOUSE (for himself and Mr. DEMINT, Mr. DODD, Mr. DORGAN, to the Arms Export Control Act, the certifi- Mr. VITTER): Mr. DURBIN, Mr. ENSIGN, Mr. ENZI, cation of a proposed manufacturing license S. 3540. A bill to amend the Federal Water Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. agreement for the export of defense articles, Pollution Control Act to reauthorize the Na- FRANKEN, Mrs. GILLIBRAND, Mr. GRA- including, technical data, and defense serv- tional Estuary Program, and for other pur- HAM, Mr. GRASSLEY, Mr. GREGG, Mrs. ices to Turkey and Poland for the manufac- poses; to the Committee on Environment and HAGAN, Mr. HARKIN, Mr. HATCH, Mrs. ture of machined parts, subassemblies and Public Works. HUTCHISON, Mr. INHOFE, Mr. INOUYE, components for all models of the H–60/S–70, By Mrs. FEINSTEIN: Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- H–53, and H–92 families of helicopters in the S. 3541. A bill to prohibit royalty incen- SON, Mr. KAUFMAN, Mr. KERRY, Ms. amount of $100,000,000 or more; to the Com- tives for deepwater drilling, and for other KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. mittee on Foreign Relations. purposes; to the Committee on Energy and LANDRIEU, Mr. LAUTENBERG, Mr. EC–6437. A communication from the Assist- Natural Resources. LEAHY, Mr. LEMIEUX, Mr. LEVIN, Mr. ant Secretary, Bureau of Legislative Affairs, By Ms. MURKOWSKI: LIEBERMAN, Mrs. LINCOLN, Mr. Department of State, transmitting, pursuant S. 3542. A bill to create a fair and efficient LUGAR, Mr. MCCAIN, Mrs. MCCASKILL, to the Arms Export Control Act, the certifi- system to resolve claims of victims for eco- Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- cation of a proposed technical assistance nomic injury caused by the Deepwater Hori- KULSKI, Ms. MURKOWSKI, Mrs. MUR- agreement for the export of defense articles, zon incident, to establish a Commission to RAY, Mr. NELSON of Nebraska, Mr. including, technical data, and defense serv- investigate and report on corrective meas- NELSON of Florida, Mr. PRYOR, Mr.

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REED, Mr. RISCH, Mr. ROBERTS, Mr. 1382, a bill to improve and expand the (Mr. MENENDEZ) was added as a cospon- SANDERS, Mr. SCHUMER, Mr. SES- Peace Corps for the 21st century, and sor of S. 3424, a bill to amend the Ani- SIONS, Mrs. SHAHEEN, Mr. SHELBY, for other purposes. mal Welfare Act to provide further pro- Ms. SNOWE, Mr. SPECTER, Ms. STABE- S. 1553 tection for puppies. NOW, Mr. TESTER, Mr. THUNE, Mr. UDALL of Colorado, Mr. UDALL of New At the request of Mr. GRASSLEY, the S. 3466 Mexico, Mr. VITTER, Mr. VOINOVICH, name of the Senator from Minnesota At the request of Mr. LEAHY, the Mr. WARNER, Mr. WEBB, Mr. WHITE- (Ms. KLOBUCHAR) was added as a co- name of the Senator from New York HOUSE, Mr. WICKER, and Mr. WYDEN): sponsor of S. 1553, a bill to require the (Mr. SCHUMER) was added as a cospon- S. Res. 572. A resolution relative to the Secretary of the Treasury to mint sor of S. 3466, a bill to require restitu- death of the Honorable Robert C. Byrd, a coins in commemoration of the Na- tion for victims of criminal violations Senator from the State of West Virginia; considered and agreed to. tional Future Farmers of America Or- of the Federal Water Pollution Control ganization and the 85th anniversary of Act, and for other purposes. f the founding of the National Future S. 3489 ADDITIONAL COSPONSORS Farmers of America Organization. At the request of Mr. VITTER, the S. 535 S. 2740 name of the Senator from Utah (Mr. At the request of Mr. NELSON of Flor- At the request of Mrs. MURRAY, the HATCH) was added as a cosponsor of S. ida, the name of the Senator from Ohio name of the Senator from Connecticut 3489, a bill to terminate the morato- (Mr. BROWN) was added as a cosponsor (Mr. DODD) was added as a cosponsor of rium on deepwater drilling issued by of S. 535, a bill to amend title 10, S. 2740, a bill to establish a comprehen- the Secretary of the Interior. United States Code, to repeal require- sive literacy program. S. 3512 ment for reduction of survivor annu- S. 3034 At the request of Mrs. HUTCHISON, the ities under the Survivor Benefit Plan At the request of Mr. SCHUMER, the name of the Senator from Alabama by veterans’ dependency and indemnity names of the Senator from Ohio (Mr. (Mr. SESSIONS) was added as a cospon- compensation, and for other purposes. BROWN), the Senator from Georgia (Mr. sor of S. 3512, a bill to provide a statu- S. 714 ISAKSON) and the Senator from Hawaii tory waiver of compliance with the At the request of Mr. WEBB, the name (Mr. AKAKA) were added as cosponsors Jones Act to foreign flagged vessels as- of the Senator from California (Mrs. of S. 3034, a bill to require the Sec- sisting in responding to the Deepwater BOXER) was added as a cosponsor of S. retary of the Treasury to strike medals Horizon oil spill. 714, a bill to establish the National in commemoration of the 10th anniver- S. 3519 Criminal Justice Commission. sary of the September 11, 2001, terrorist At the request of Ms. SNOWE, the S. 1159 attacks on the United States and the name of the Senator from Rhode Island At the request of Mrs. BOXER, the establishment of the National Sep- (Mr. WHITEHOUSE) was added as a co- name of the Senator from North Caro- tember 11 Memorial & Museum at the sponsor of S. 3519, a bill to stabilize the lina (Mr. BURR) was added as a cospon- World Trade Center. matching requirement for participants sor of S. 1159, a bill to promote free- S. 3183 in the Hollings Manufacturing Partner- dom, human rights, and the rule of law At the request of Mr. WYDEN, the ship Program. in Vietnam. name of the Senator from Washington f S. 1273 (Ms. CANTWELL) was added as a cospon- STATEMENTS ON INTRODUCED At the request of Mr. DORGAN, the sor of S. 3183, a bill to amend the Inter- BILLS AND JOINT RESOLUTIONS names of the Senator from Ohio (Mr. nal Revenue Code of 1986 to extend the By Mr. WHITEHOUSE (for him- BROWN) and the Senator from Mis- nonbusiness energy property credit to self and Mr. VITTER): sissippi (Mr. WICKER) were added as co- roofs with pigmented coatings which S. 3540. A bill to amend the Federal sponsors of S. 1273, a bill to amend the meet Energy Star program require- Water Pollution Control Act to reau- Public health Service Act to provide ments. thorize the National Estuary Program, for the establishment of permanent na- S. 3320 and for other purposes; to the Com- tional surveillance systems for mul- At the request of Mr. WHITEHOUSE, mittee on Environment and Public tiple sclerosis, Parkinson’s disease, and the names of the Senator from New Works. Jersey (Mr. MENENDEZ) and the Sen- other neurological diseases and dis- Mr. WHITEHOUSE. Mr. President, I ator from Maine (Ms. SNOWE) were orders. ask unanimous consent that the text of added as cosponsors of S. 3320, a bill to S. 1275 the bill be printed in the RECORD. amend the Public Health Service Act At the request of Mr. WARNER, the There being no objection, the text of to provide for a Pancreatic Cancer Ini- name of the Senator from Oregon (Mr. the bill was ordered to be printed in tiative, and for other purposes. MERKLEY) was added as a cosponsor of the RECORD, as follows: S. 3339 S. 1275, a bill to establish a National S. 3540 At the request of Mr. KERRY, the Foundation on Physical Fitness and Be it enacted by the Senate and House of Rep- Sports to carry out activities to sup- name of the Senator from Colorado resentatives of the United States of America in port and supplement the mission of the (Mr. BENNET) was added as a cosponsor Congress assembled, President’s Council on Physical Fit- of S. 3339, a bill to amend the Internal SECTION 1. SHORT TITLE. ness and Sports. Revenue Code of 1986 to provide a re- This Act may be cited as the ‘‘Clean Estu- S. 1353 duced rate of excise tax on beer pro- aries Act of 2010’’. At the request of Mr. LEAHY, the duced domestically by certain small SEC. 2. NATIONAL ESTUARY PROGRAM AMEND- name of the Senator from Oregon (Mr. producers. MENTS. (a) PURPOSES OF CONFERENCE.— MERKLEY) was added as a cosponsor of S. 3409 (1) DEVELOPMENT OF COMPREHENSIVE CON- ANDRIEU S. 1353, a bill to amend title 1 of the At the request of Ms. L , the SERVATION AND MANAGEMENT PLANS.—Section Omnibus Crime Control and Safe name of the Senator from Kansas (Mr. 320(b) of the Federal Water Pollution Control Streets Act of 1986 to include nonprofit BROWNBACK) was added as a cosponsor Act (33 U.S.C. 1330(b)) is amended by striking and volunteer ground and air ambu- of S. 3409, a bill to make certain adjust- paragraph (4) and inserting the following: lance crew members and first respond- ments to the price analysis of propane ‘‘(4) develop and submit to the Adminis- ers for certain benefits. prepared by the Secretary of Com- trator a comprehensive conservation and management plan that— S. 1382 merce. ‘‘(A) identifies the estuary and the associ- At the request of Mr. DODD, the name S. 3424 ated upstream waters of the estuary to be of the Senator from Georgia (Mr. ISAK- At the request of Mr. DURBIN, the addressed by the plan, with consideration SON) was added as a cosponsor of S. name of the Senator from New Jersey given to hydrological boundaries;

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11845 ‘‘(B) recommends priority corrective ac- ‘‘(7) provide information and educational the implementation of a plan approved under tions and compliance schedules addressing— activities on the ecological health and water paragraph (1). ‘‘(i) point and nonpoint sources of pollu- quality conditions of the estuary; and’’. ‘‘(3) EVALUATION.— tion; and (4) CONFORMING AMENDMENT.—The sentence ‘‘(A) IN GENERAL.—Not later than 5 years ‘‘(ii) protection and conservation actions— following section 320(b)(8) of the Federal after the date of enactment of this para- ‘‘(I) to restore and maintain the chemical, Water Pollution Control Act (as so redesig- graph, and every 5 years thereafter, the Ad- physical, and biological integrity of the es- nated) (33 U.S.C. 1330(b)(8)) is amended by ministrator shall carry out— tuary, including— striking ‘‘paragraph (7)’’ and inserting ‘‘(i) an evaluation of the implementation ‘‘(aa) restoration and maintenance of ‘‘paragraph (8)’’. of each comprehensive conservation and water quality, wetlands, and natural hydro- (b) MEMBERS OF CONFERENCE; COLLABO- management plan developed under this sec- logic flows; RATIVE PROCESSES.— tion to determine the degree to which the ‘‘(bb) a resilient and diverse indigenous (1) MEMBERS OF CONFERENCE.—Section goals of the plan have been met; and population of shellfish, fish, and wildlife; and 320(c)(5) of the Federal Water Pollution Con- ‘‘(ii) a review of the program designed to ‘‘(cc) recreational activities in the estuary; trol Act (33 U.S.C. 1330(c)(5)) is amended by implement the plan. and inserting ‘‘not-for-profit organizations,’’ ‘‘(B) REVIEW AND COMMENT BY MANAGEMENT ‘‘(II) to ensure that the designated uses of after ‘‘institutions,’’. CONFERENCE.—In completing an evaluation the estuary are protected; (2) COLLABORATIVE PROCESSES.—Section under subparagraph (A), the Administrator ‘‘(C) identifies healthy watershed compo- 320(d) of the Federal Water Pollution Control shall submit the results of the evaluation to the appropriate management conference for nents for protection and conservation by car- Act (33 U.S.C. 1330(d)) is amended— review and comment. rying out integrated assessments, where ap- (A) by striking ‘‘(d)’’ and all that follows ‘‘(C) REPORT.— propriate, of— through ‘‘In developing’’ and inserting the ‘‘(i) IN GENERAL.—In completing an evalua- ‘‘(i) aquatic habitat and biological integ- following: tion under subparagraph (A), and after pro- rity; ‘‘(d) USE OF EXISTING DATA AND COLLABO- viding an opportunity for a management ‘‘(ii) water quality; and RATIVE PROCESSES.— ‘‘(1) USE OF EXISTING DATA.—In devel- conference to submit comments under sub- ‘‘(iii) natural hydrologic flows; paragraph (B), the Administrator shall issue ‘‘(D) considers current and future sustain- oping’’; and (B) by adding at the end the following: a report on the results of the evaluation, in- able commercial activities in the estuary; cluding the findings and recommendations of ‘‘(E) addresses the impacts of climate ‘‘(2) USE OF COLLABORATIVE PROCESSES.—In updating a plan under subsection (f)(4) or de- the Administrator and any comments re- change on the estuary, including— ceived from the management conference. ‘‘(i) the identification and assessment of veloping a new plan under subsection (b), a management conference shall make use of ‘‘(ii) AVAILABILITY TO PUBLIC.—The Admin- vulnerabilities in the estuary; istrator shall make a report issued under ‘‘(ii) the development and implementation collaborative processes— ‘‘(A) to ensure equitable inclusion of af- this subparagraph available to the public, in- of adaptation strategies; and cluding through publication in the Federal ‘‘(iii) the impacts of changes in sea level on fected interests; ‘‘(B) to engage with members of the man- Register and on the Internet. estuarine water quality, estuarine habitat, ‘‘(D) SPECIAL RULE FOR NEW PLANS.—Not- agement conference, including through— and infrastructure located in the estuary; withstanding subparagraph (A), if a manage- ‘‘(i) the use of consensus-based decision ‘‘(F) increases public education and aware- ment conference submits a new comprehen- rules; and ness with respect to— sive conservation and management plan to ‘‘(ii) assistance from impartial facilitators, ‘‘(i) the ecological health of the estuary; the Administrator after the date of enact- as appropriate; ‘‘(ii) the water quality conditions of the es- ment of this paragraph, the Administrator ‘‘(C) to ensure relevant information, in- tuary; and shall complete the evaluation of the imple- cluding scientific, technical, and cultural in- ‘‘(iii) ocean, estuarine, land, and atmos- mentation of the plan required by subpara- formation, is accessible to members; pheric connections and interactions; graph (A) not later than 5 years after the ‘‘(D) to promote accountability and trans- ‘‘(G)(i) identifies and assesses impair- date of such submission and every 5 years parency by ensuring members are informed ments, including upstream impairments, thereafter. in a timely manner of— coming from outside of the area addressed by ‘‘(4) UPDATES.— ‘‘(i) the purposes and objectives of the the plan, and the sources of those impair- ‘‘(A) REQUIREMENT.—Not later than 18 management conference; and months after the date on which the Adminis- ments; and ‘‘(ii) the results of an evaluation conducted ‘‘(ii) provides the applicable State with trator makes an evaluation of the implemen- under subsection (f)(3); tation of a comprehensive conservation and any information on such impairments or the ‘‘(E) to identify the roles and responsibil- sources of such impairments; management plan available to the public ities of members— under paragraph (3)(C), a management con- ‘‘(H) includes performance measures and ‘‘(i) in the management conference pro- goals to track implementation of the plan; ference convened under this section shall ceedings; and submit to the Administrator an update of and ‘‘(ii) in the implementation of the plan; ‘‘(I) includes a coordinated monitoring the plan that reflects, to the maximum ex- and tent practicable, the results of the program strategy for Federal, State, and local govern- ‘‘(F) to seek resolution of conflicts or dis- ments and other entities.’’. evaluation. putes as necessary.’’. ‘‘(B) APPROVAL OF UPDATES.—Not later (2) MONITORING AND MAKING RESULTS AVAIL- (c) ADMINISTRATION OF PLANS.—Section 320 than 120 days after the date on which a man- ABLE.—Section 320(b) of the Federal Water of the Federal Water Pollution Control Act agement conference submits to the Adminis- Pollution Control Act (33 U.S.C. 1330(b)) is (33 U.S.C. 1330) is amended by striking sub- trator an updated comprehensive conserva- amended by striking paragraph (6) and in- section (f) and inserting the following: tion and management plan under subpara- serting the following: ‘‘(f) ADMINISTRATION OF PLANS.— graph (A), and after providing for public re- ‘‘(6) monitor (and make results available to ‘‘(1) APPROVAL.—Not later than 120 days view and comment, the Administrator shall the public regarding)— after the date on which a management con- approve the updated plan, if the Adminis- ‘‘(A) water quality conditions in the estu- ference submits to the Administrator a com- trator determines that the updated plan ary and the associated upstream waters of prehensive conservation and management meets the requirements of this section. the estuary identified under paragraph plan under this section, and after providing ‘‘(5) PROBATIONARY STATUS.—The Adminis- (4)(A); for public review and comment, the Adminis- trator may consider a management con- ‘‘(B) healthy watershed and habitat condi- trator shall approve the plan, if— ference convened under this section to be in tions that relate to the ecological health and ‘‘(A) the Administrator determines that probationary status, if the management con- water quality conditions of the estuary; and the plan meets the requirements of this sec- ference has not received approval for an up- ‘‘(C) the effectiveness of actions taken pur- tion; and dated comprehensive conservation and man- suant to the comprehensive conservation and ‘‘(B) each affected Governor concurs. agement plan under paragraph (4)(B) on or management plan developed for the estuary ‘‘(2) IMPLEMENTATION.— before the last day of the 3-year period be- under this subsection;’’. ‘‘(A) IN GENERAL.—On the approval of a ginning on the date on which the Adminis- (3) INFORMATION AND EDUCATIONAL ACTIVI- comprehensive conservation and manage- trator makes an evaluation of the plan avail- TIES.—Section 320(b) of the Federal Water ment plan under this section, the plan shall able to the public under paragraph (3)(C).’’. Pollution Control Act (33 U.S.C. 1330(b)) is be implemented. (d) FEDERAL AGENCIES.—Section 320 of the amended— ‘‘(B) USE OF AUTHORIZED AMOUNTS.— Federal Water Pollution Control Act (33 (A) by redesignating paragraph (7) as para- Amounts authorized to be appropriated U.S.C. 1330) is amended— graph (8); and under titles II and VI and section 319 may be (1) by redesignating subsections (g), (h), (i), (B) by inserting after paragraph (6) the fol- used in accordance with the applicable re- (j), and (k) as subsections (h), (i), (j), (k), and lowing: quirements of this Act to assist States with (m), respectively; and

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.000 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11846 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 (2) by inserting after subsection (f) the fol- by striking ‘‘subsection (g)’’ and inserting shall issue a report on the results of the lowing: ‘‘subsection (h)’’. evaluation, including the findings and rec- ‘‘(g) FEDERAL AGENCIES.— (f) AUTHORIZATION OF APPROPRIATIONS.— ommendations of the Administrator. ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTU- Section 320 of the Federal Water Pollution ‘‘(4) AVAILABILITY.—The Administrator ARIES WITH APPROVED PLANS.—After approval Control Act (33 U.S.C. 1330) (as redesignated shall make a report issued under this sub- of a comprehensive conservation and man- by subsection (d)) is amended by striking section available to management con- agement plan by the Administrator, any subsection (j) and inserting the following: ferences convened under this section and the Federal action or activity affecting the estu- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— public, including through publication in the ary shall be conducted, to the maximum ex- ‘‘(1) IN GENERAL.—There is authorized to be Federal Register and on the Internet.’’. tent practicable, in a manner consistent appropriated to the Administrator $75,000,000 (i) CONVENING OF CONFERENCE.—Section with the plan. for each of fiscal years 2011 through 2016 for— 320(a)(2) of the Federal Water Pollution Con- ‘‘(2) COORDINATION AND COOPERATION.— ‘‘(A) expenses relating to the administra- trol Act (33 U.S.C. 1330(a)(2)) is amended— ‘‘(A) IN GENERAL.—The Secretary of the tion of management conferences by the Ad- (1) by striking ‘‘(2) CONVENING OF CON- Army (acting through the Chief of Engi- ministrator under this section, except that FERENCE.—’’ and all that follows through ‘‘In neers), the Administrator of the National such expenses shall not exceed 10 percent of any case’’ and inserting the following: Oceanic and Atmospheric Administration, the amount appropriated under this sub- ‘‘(2) CONVENING OF CONFERENCE.—In any the Director of the United States Fish and section; case’’; and Wildlife Service, the Secretary of the De- ‘‘(B) making grants under subsection (h); (2) by striking subparagraph (B). partment of Agriculture, the Director of the and (j) GREAT LAKES ESTUARIES.—Section United States Geological Survey, the Sec- ‘‘(C) monitoring the implementation of a 320(m) of the Federal Water Pollution Con- retary of the Department of Transportation, conservation and management plan by the trol Act (as redesignated by subsection (d)) is the Secretary of the Department of Housing management conference, or by the Adminis- amended by striking the subsection designa- and Urban Development, and the heads of trator in any case in which the conference tion and all that follows through ‘‘and those other appropriate Federal agencies, as deter- has been terminated. portions of tributaries’’ and inserting the mined by the Administrator, shall, to the ‘‘(2) ALLOCATIONS.—Of the sums authorized following: maximum extent practicable, cooperate and to be appropriated under this subsection, the ‘‘(m) DEFINITIONS.—In this section, the coordinate activities, including monitoring Administrator shall provide— terms ‘estuary’ and ‘estuarine zone’ have the activities, related to the implementation of ‘‘(A) at least $1,250,000 per fiscal year, sub- meanings given the terms in section a comprehensive conservation and manage- ject to the availability of appropriations, for 104(n)(4), except that— ment plan approved by the Administrator. the development, implementation, and moni- ‘‘(1) the term ‘estuary’ also includes near ‘‘(B) LEAD COORDINATING AGENCY.—The En- toring of each conservation and management coastal waters and other bodies of water vironmental Protection Agency shall serve plan eligible for grant assistance under sub- within the Great Lakes that are similar in as the lead coordinating agency under this section (h); and form and function to the waters described in paragraph. ‘‘(B) up to $5,000,000 per fiscal year to carry the definition of ‘estuary’ in section ‘‘(3) CONSIDERATION OF PLANS IN AGENCY out subsection (k).’’. 104(n)(4); and BUDGET REQUESTS.—In making an annual (g) RESEARCH.—Section 320(k)(1)(A) of the ‘‘(2) the term ‘estuarine zone’ also in- budget request for a Federal agency referred Federal Water Pollution Control Act (as re- cludes— to in paragraph (2), the head of such agency designated by subsection (d)) is amended— ‘‘(A) waters within the Great Lakes de- shall consider the responsibilities of the (1) by striking ‘‘paramenters’’ and insert- scribed in paragraph (1) and transitional agency under this section, including under ing ‘‘parameters’’; and areas from such waters that are similar in comprehensive conservation and manage- (2) by inserting ‘‘(including monitoring of form and function to the transitional areas ment plans approved by the Administrator. both pathways and ecosystems to track the described in the definition of ‘estuarine zone’ ‘‘(4) MONITORING.—The heads of the Federal introduction and establishment of nonnative in section 104(n)(4); agencies referred to in paragraph (2) shall species)’’ before ‘‘, to provide the Adminis- ‘‘(B) associated aquatic ecosystems; and collaborate on the development of tools and trator’’. ‘‘(C) those portions of tributaries’’. methodologies for monitoring the ecological (h) NATIONAL ESTUARY PROGRAM EVALUA- health and water quality conditions of estu- TION.—Section 320 of the Federal Water Pol- By Mrs. FEINSTEIN: aries covered by a management conference lution Control Act (33 U.S.C. 1330) is amend- S. 3541. A bill to prohibit royalty in- convened under this section.’’. ed by inserting after subsection (k) (as redes- centives for deepwater drilling, and for (e) GRANTS.— ignated by subsection (d)) the following: other purposes; to the Committee on (1) IN GENERAL.—Subsection (h) (as redesig- ‘‘(l) NATIONAL ESTUARY PROGRAM EVALUA- Energy and Natural Resources. nated by subsection (d)) of section 320 of the TION.— Mrs. FEINSTEIN. Mr. President, I Federal Water Pollution Control Act (33 ‘‘(1) IN GENERAL.—Not later than 5 years U.S.C. 1330) is amended— after the date of enactment of this para- rise today to introduce the Deepwater (A) in paragraph (1), by striking ‘‘other graph, and every 5 years thereafter, the Ad- Drilling Royalty Prohibition Act. public’’ and all that follows before the period ministrator shall complete an evaluation of The purpose of this bill is to ensure at the end and inserting ‘‘and other public or the national estuary program established that taxpayer dollars are not used to nonprofit private agencies, institutions, and under this section. incentivize the dangerous and often organizations’’; and ‘‘(2) SPECIFIC ASSESSMENTS.—In conducting dirty business of offshore drilling in (B) by adding at the end the following: an evaluation under this subsection, the Ad- deep waters. ‘‘(4) EFFECTS OF PROBATIONARY STATUS.— ministrator shall— Over the past decades, Congress has ‘‘(A) REDUCTIONS IN GRANT AMOUNTS.—The ‘‘(A) assess the effectiveness of the na- Administrator shall reduce, by an amount to tional estuary program in improving water established a number of royalty-relief be determined by the Administrator, grants quality, natural resources, and sustainable programs to encourage domestic explo- for the implementation of a comprehensive uses of the estuaries covered by management ration and production in deep waters. conservation and management plan devel- conferences convened under this section; This may have made sense in times oped by a management conference convened ‘‘(B) identify best practices for improving when oil prices were too low to provide under this section, if the Administrator de- water quality, natural resources, and sus- energy companies with an incentive to termines that the management conference is tainable uses of the estuaries covered by drill in difficult places, and before we in probationary status under subsection management conferences convened under were ready to deploy large-scale renew- (f)(5). this section, including those practices funded ‘‘(B) TERMINATION OF MANAGEMENT CON- through the use of technical assistance from able energy production. FERENCES.—The Administrator shall termi- the Environmental Protection Agency and But that is no longer the case. The nate a management conference convened other Federal agencies; events of the last weeks have shown under this section, and cease funding for the ‘‘(C) assess the reasons why the best prac- that safety and response technologies implementation of the comprehensive con- tices described in subparagraph (B) resulted are not sufficient in deep waters. I be- servation and management plan developed in the achievement of program goals; lieve taxpayer-funded incentives by the management conference, if the Ad- ‘‘(D) identify any redundant requirements should go to clean, renewable energy, ministrator determines that the manage- for reporting by recipients of a grant under not deepwater drilling for oil. ment conference has been in probationary this section; and status for 2 consecutive years.’’. ‘‘(E) develop and recommend a plan for The disastrous impacts of the leak (2) CONFORMING AMENDMENT.—Section 320(i) limiting reporting any redundancies. from the Deepwater Horizon have the Federal Water Pollution Control Act (as ‘‘(3) REPORT.—In completing an evaluation shown that offshore drilling has enor- redesignated by subsection (d)) is amended under this subsection, the Administrator mous environmental and safety risks—

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.001 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11847 particularly in deep waters. Eleven seep for months. The Santa Barbara Taxpayer funded incentives should people died and 17 others were injured spill was devastating, but it was a tiny not finance production of fossil fuels— when the Deepwater Horizon caught fraction of the size of the Deepwater particularly in places where the pro- fire. All these weeks later, we continue Horizon spill. duction itself poses potential devasta- to watch in horror as the scope of the The old technology was not good tion, but rather should be used to de- disaster keeps expanding: enough, but now it appears that even velop and deploy clean energy tech- Oil slicks spread inexorably across the newest safety technology fails to nologies like wind and solar. I very the Gulf of Mexico; prevent wellhead blowouts. much believe this. Pelicans and other wildlife struggle The Deepwater Horizon drill rig was That is why I have worked with my to free themselves from crude oil; tar just completed in 2001. colleagues on a number of legislative balls spoil the pristine white sand The drill rig that caused the 2009 spill initiatives designed to reduce green- beaches of Florida; Wetlands are coat- in the Montara oil and gas field in the house gas emissions, increase energy ed with toxic sludge; More than 1/3 of Timor Sea—one of the worst in Aus- efficiency and incentivize the use of re- Federal waters in the Gulf have been tralia’s history—was designed and built newable energy. closed to fishing; The plumes of oil in 2007. That spill continued unchecked One of our biggest victories was the for 74 days. under water may create zones of tox- enactment of the aggressive fuel econ- The New York Times reports that the icity or low oxygen for aquatic life; omy law, called the Ten in Ten Fuel blind shear rams in the blowout pre- Economy Act, which was passed by The oil may spread into the Atlantic venters—the last line of defense to pre- Congress and signed into law by then- Ocean via the Loop Current; The re- vent wellhead leaks are ‘‘surprisingly President Bush in the 110th Congress. sponse techniques, such as the use of vulnerable’’ to failure. One study found dispersants, may have their own toxic that blowout preventers have a failure This law, which I authored with Sen- consequences; and rate of 45 percent. ator SNOWE, will improve fuel economy Upcoming storms may delay or pre- These technologies are insufficient, standards for passenger vehicles at the vent continued containment and re- and they are particularly vulnerable in maximum feasible rate. The good news sponse efforts. deep waters. is that the administration has taken The impacts of an oil spill are so dra- Methane hydrate crystals form when the framework of this law and imple- matic and devastating, it seems clear methane gas mixes with pressurized mented aggressive standards that re- to me that regulation, oversight and cold ocean waters—and the likelihood quire raising fleetwide fuel economy to prevention technologies should be rig- of these crystals forming increases dra- 35.5 mpg in 2016—a 40 percent increase orous. But that is clearly not the case. matically at about 400 meters depth. above today’s standard. Regulators failed to ensure appro- These crystals interfere with response The other positive development is priate safety and response technologies and containment technologies. They that the domestic renewable energy in- were in place. formed in the cofferdam dome that was dustry has grown dramatically over MMS gave BP a categorical exclusion lowered onto the gushing oil in the the last few years. Last year, the from an environmental impact analysis Gulf, and prevented it from working. United States added more new capacity that in my opinion should never have When a remotely operated underwater to produce renewable electricity than been allowed. vehicle bumped the valves in the ‘‘top it did to produce electricity from nat- MMS allowed BP to run a drilling op- hat’’ device, the containment cap had ural gas, or oil, or coal. A great deal of eration without the demonstrated abil- to be removed and slowly replaced to this growth can be attributed to gov- ity to shut off the flow of gas and oil in prevent formation of these crystals ernment renewable energy incentives. an emergency. again. That is where public investment in en- MMS allowed BP to operate without Other risks increase too, as explained ergy development should go. remote shutoff capability in case the by the Wall Street Journal: It is clear that the clean energy sec- drilling rig became disabled. Drilling in deeper water doesn’t change the tor is the next frontier in jobs creation. MMS did not have an inspector on fundamental process, but it makes virtually We need to ensure that developers the rig to settle the heated argument everything harder. Rigs must be bigger so can access financing to launch wind, between the BP, Transocean, and Halli- they can hold more drilling pipe to stretch solar and geothermal projects, so that burton officials on how they would stop vast distances. The pipes themselves must be they can put people to work. Programs stronger to withstand ocean currents. Equip- drilling and plug the well. ment on the sea floor must be sturdier to like The Recovery Act grant program MMS did not have—and did not re- face extreme pressures at depth. Drill bits run by the Treasury Department have quire the industry to have—emergency must be tougher so they don’t melt in the been very successful in encouraging equipment stationed in the Gulf of 400-degree temperatures they encounter deep private investment in this sector. So Mexico that could respond imme- in the earth. And it is harder for drillers to far, the program has helped to bring diately to an emergency. exert just the right amount of pressure down 4,250 megawatts of clean power online MMS did not have a plan for respond- the well bore, enough to keep oil and gas and is expected to generate more than ing to disasters. from spurting upwards—a blowout—but not 143,000 green jobs by the end of the so much that they crack open the rocks be- MMS did not, in fact, have a real in- neath the surface, which could also lead to a year, according to the Lawrence Berke- spection and compliance program. It blowout. ley National Laboratory. The program, relied on the expertise and advice of It is clear that prevention, contain- however, is set to expire at the end of the industry on how and how much ment, and clean-up measures are not year if we don’t act. So, I’m working they should be inspected. sufficient to handle oil leaks, particu- on legislation that will extend this suc- This is not how things should be larly in deep waters. cessful program for an additional 2 done. We expect more from our govern- American taxpayers should not fore- years. ment. go revenue to incentivize offshore drill- All told, these types of measures are Prevention and response technologies ing. It is not good environmental pol- helping to foster the incentives that show similar unacceptable deficits: icy, and it is not good energy policy ei- will push the United States to adopt a they are not good enough. ther. cleaner energy future, and to move These have not improved much since We need to move to clearer renew- away from fossil fuels. the oil spill in 1969 off the California able fuels. Let me make one final point clear, I coast near Santa Barbara. That too I believe that global warming is the don’t believe the oil companies need was caused by a natural gas blowout biggest environmental crisis we face— taxpayer dollars to help them out. when pressure in the drill hole fluc- and the biggest culprit of global warm- They are already reaping record prof- tuated. It was successfully plugged ing is manmade emissions produced by its. with mud and cement after 11 and a the combustion of fossil fuels, like oil Last year, the top 10 U.S. oil compa- half days, but oil and gas continued to and coal. nies’ combined revenues were almost

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.001 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11848 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 $850 billion. Yet we continue to use by, elected President of the Senate pro tem- Whereas the Government of Pakistan has money that should come to the U.S. pore. indicated a willingness to work collabo- Treasury, to add to their bottom line. f ratively with the Governments of the United This is unacceptable. States and Afghanistan to address the regu- SENATE RESOLUTION 568—NOTI- lation and interdiction of ammonium nitrate Oil reserves are a public resource. FYING THE HOUSE OF REP- fertilizer and other IED precursors; and When a private company profits from RESENTATIVES OF THE ELEC- Whereas the United States government those public resources, American tax- TION OF A PRESIDENT PRO TEM- currently provides assistance to Pakistan for payers should benefit too. PORE agricultural development and capacity build- I urge my colleagues to support this ing: Now, therefore, be it legislation and ensure that royalties Mr. REID (for himself and Mr. Resolved, That the Senate— owed to the taxpayers are not waived MCCONNELL) submitted the following (1) urges the Governments of Pakistan, Af- to incentivize risky off-shore drilling. resolution; which was considered and ghanistan, and other Central Asian countries agreed to: to fully commit to regulating the sale, trans- In these critical economic times, every port, and use of ammonium nitrate in the re- S. RES. 568 cent of the people’s money should be gion; spent wisely, on clean, efficient and Resolved, That the House of Representa- (2) calls on the Secretary of State— safe technologies. tives be notified of the election of the Honor- (A) to continue to diplomatically engage Mr. President, I ask unanimous con- able Daniel K. Inouye as President of the with the Governments of Pakistan, Afghani- sent that the text of the bill be printed Senate pro tempore. stan, and other Central Asian countries to in the RECORD. f address the proliferation and transportation of ammonium nitrate and other improvised There being no objection, the text of SENATE RESOLUTION 569—NOTI- the bill was ordered to be printed in explosive device (‘‘IED’’) precursors in the FYING THE PRESIDENT OF THE region; and the RECORD, as follows: UNITED STATES OF THE ELEC- (B) to work with the World Customs Orga- S. 3541 TION OF A PRESIDENT PRO TEM- nization and other international bodies, as Be it enacted by the Senate and House of Rep- PORE the Secretary of State determines to be ap- resentatives of the United States of America in propriate, on initiatives to improve controls Congress assembled, Mr. REID (for himself and Mr. globally on IED components; and SECTION 1. SHORT TITLE. MCCONNELL) submitted the following (3) urges the Secretary of State to work This Act may be cited as the ‘‘Deepwater resolution; which was considered and with the Governments of Pakistan, Afghani- Drilling Royalty Prohibition Act’’. agreed to: stan, and other Central Asian countries to SEC. 2. PROHIBITION ON ROYALTY INCENTIVES S. RES. 569 encourage and support improvements in in- FOR DEEPWATER DRILLING. frastructure and procedures at border cross- Resolved, That the President of the United ings to prevent the flow of ammonium ni- (a) IN GENERAL.—Notwithstanding any States be notified of the election of the Hon- other provision of law, the Secretary of the trate and other IED precursors or compo- orable Daniel K. Inouye as President of the nents into the region. Interior shall not issue any oil or gas lease Senate pro tempore. sale under the Outer Continental Shelf f Lands Act (43 U.S.C. 1331 et seq.) with roy- f SENATE RESOLUTION 571—CALL- alty-based incentives in any tract located in SENATE RESOLUTION 570—CALL- water depths of 400 meters or more on the ING FOR THE IMMEDIATE AND ING FOR CONTINUED SUPPORT UNCONDITIONAL RELEASE OF outer Continental Shelf. FOR AND AN INCREASED EF- (b) ROYALTY RELIEF FOR DEEP WATER PRO- ISRAELI SOLDIER GILAD SHALIT FORT BY THE GOVERNMENTS OF DUCTION.—Section 345 of the Energy Policy HELD CAPTIVE BY HAMAS, AND Act of 2005 (42 U.S.C. 15905) is repealed. PAKISTAN, AFGHANISTAN, AND FOR OTHER PURPOSES (c) ROYALTY RELIEF.—Section 8(a)(3) of the OTHER CENTRAL ASIAN COUN- Outer Continental Shelf Lands Act (43 U.S.C. TRIES TO EFFECTIVELY MON- Mrs. GILLIBRAND (for herself, Mr. 1337(a)(3)) is amended by adding at the end ITOR AND REGULATE THE MAN- VOINOVICH, Mr. LIEBERMAN, Mr. SCHU- the following: UFACTURE, SALE, TRANSPORT, MER, Mr. LEVIN, Mr. CASEY, Mr. KYL, ‘‘(D) PROHIBITION.—Notwithstanding sub- AND USE OF AMMONIUM NI- and Mr. VITTER) submitted the fol- paragraphs (A) through (C) or any other pro- TRATE FERTILIZER IN ORDER lowing resolution; which was consid- vision of law, the Secretary shall not reduce ered and agreed to: or eliminate any royalty or net profit share TO PREVENT THE TRANSPORT for any lease or unit located in water depths OF AMMONIUM NITRATE INTO S. RES. 571 of 400 meters or more on the outer Conti- AFGHANISTAN WHERE THE AM- Whereas Congress previously expressed its nental Shelf.’’. MONIUM NITRATE IS USED IN concern for missing Israeli soldiers in the (d) APPLICATION.—This section and the IMPROVISED EXPLOSIVE DE- Act entitled ‘‘An Act to locate and secure amendments made by this section— VICES the return of Zachary Baumel, a United (1) apply beginning with the first lease sale States citizen, and other soldiers missing in held on or after the date of enactment of this Mr. CASEY (for himself, Mr. LEVIN, action’’, approved November 8, 1999 (Public Act for which a final notice of sale has not Mr. KAUFMAN, Mr. WEBB, Mr. REED, Ms. Law 106–89; 113 Stat. 1305), which required been published as of that date; and SNOWE, and Mr. KYL) submitted the fol- the Secretary of State to raise the status of (2) do not apply to a lease in effect on the lowing resolution; which was consid- missing Israeli soldiers with appropriate date of enactment of this Act. ered and agreed to: government officials of Syria, Lebanon, the Palestinian Authority, and other govern- f S. RES. 570 ments in the region, and to submit to Con- SUBMITTED RESOLUTIONS Whereas it is illegal to manufacture, own, gress reports on those efforts and any subse- or use ammonium nitrate fertilizer in Af- quent discovery of relevant information; ghanistan since a ban was instituted by Af- Whereas the House of Representatives SENATE RESOLUTION 567—TO ghan President Hamid Karzai in January passed H. Res. 107 on March 13, 2007, regard- ELECT DANIEL K. INOUYE, A 2010; ing Gilad Shalit and other Israeli soldiers il- SENATOR FROM THE STATE OF Whereas ammonium nitrate fertilizer has legally attacked and captured by terrorists; HAWAII, TO BE PRESIDENT PRO historically been and continues to be 1 of the Whereas Israel completed its withdrawal primary explosive ingredients used in impro- from Gaza on September 12, 2005; TEMPORE OF THE SENATE OF vised explosive devices (referred to in this Whereas, on June 25, 2006, Hamas together THE UNITED STATES preamble as ‘‘IEDs’’) by Taliban insurgents with allied terrorists crossed into Israel to Mr. REID (for himself and Mr. in Afghanistan against the United States attack a military post, killing two soldiers MCCONNELL) submitted the following and coalition forces; and wounding and kidnapping Gilad Shalit in resolution; which was considered and Whereas 275 United States troops were a blatantly illegal and extortionate effort to killed by IEDs in Afghanistan in 2009; coerce the Government of Israel; agreed to: Whereas large amounts of ammonium ni- Whereas Hamas has prevented access to S. RES. 567 trate are shipped into Afghanistan from Gilad Shalit by competent medical personnel Resolved, That Daniel K. Inouye, a Senator Pakistan, Iran, and other Central Asian and representatives of the International from the State of Hawaii, be, and he is here- countries; Committee of the Red Cross;

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Whereas Hamas has refused to provide CHAMBLISS, Mr. COBURN, Mr. COCHRAN, of Representatives and transmit an enrolled Gilad Shalit with regular contact with his Ms. COLLINS, Mr. CONRAD, Mr. CORKER, copy thereof to the family of the deceased. family or any other party, or to allow his Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, Resolved, That when the Senate adjourns family to know where he is being held; today, it stand adjourned as a further mark Mr. DODD, Mr. DORGAN, Mr. DURBIN, Whereas Hamas has compelled Gilad Shalit of respect to the memory of the deceased to appear in video and voice recordings in- Mr. ENSIGN, Mr. ENZI, Mr. FEINGOLD, Senator. Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. tended to illegally and extortionately coerce f the Government of Israel; and GILLIBRAND, Mr. GRAHAM, Mr. GRASS- Whereas Gilad Shalit has been held in cap- LEY, Mr. GREGG, Mrs. HAGAN, Mr. HAR- AMENDMENTS SUBMITTED AND tivity by Hamas for almost four years: Now, KIN, Mr. HATCH, Mrs. HUTCHISON, Mr. PROPOSED therefore, be it INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. SA 4398. Mr. FEINGOLD submitted an Resolved, That the Senate— JOHANNS, Mr. JOHNSON, Mr. KAUFMAN, amendment intended to be proposed by him (1) demands that— Mr. KERRY, Ms. KLOBUCHAR, Mr. KOHL, to the bill H.R. 5297, to create the Small (A) Hamas immediately and uncondition- Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- Business Lending Fund Program to direct ally release Israeli soldier Gilad Shalit; and the Secretary of the Treasury to make cap- (B) Hamas— BERG, Mr. LEAHY, Mr. LEMIEUX, Mr. LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, ital investments in eligible institutions in (i) allow prompt access to the Israeli cap- order to increase the availability of credit Mr. LUGAR, Mr. MCCAIN, Mrs. MCCAS- tives by competent medical personnel and for small businesses, to amend the Internal representatives of the International Com- KILL, Mr. MENENDEZ, Mr. MERKLEY, Ms. Revenue Code of 1986 to provide tax incen- mittee of the Red Cross; MIKULSKI, Ms. MURKOWSKI, Mrs. MUR- tives for small business job creation, and for (ii) facilitate regular communication by RAY, Mr. NELSON of Nebraska, Mr. NEL- other purposes; which was ordered to lie on Gilad Shalit with his family and allow his SON of Florida, Mr. PRYOR, Mr. REED, the table. family to know where he is being held; and Mr. RISCH, Mr. ROBERTS, Mr. SANDERS, SA 4399. Mr. CASEY (for Mr. LEAHY (for (iii) cease compelling Gilad Shalit to ap- himself and Mr. LEVIN)) proposed an amend- pear in video and voice recordings intended Mr. SCHUMER, Mr. SESSIONS, Mrs. SHA- HEEN, Mr. SHELBY, Ms. SNOWE, Mr. ment to the concurrent resolution H. Con. to illegally and extortionately coerce the Res. 286, recognizing the 235th birthday of SPECTER, Ms. STABENOW, Mr. TESTER, Government of Israel; the United States Army. (2) expresses— Mr. THUNE, Mr. UDALL of Colorado, Mr. SA 4400. Mr. CASEY (for Mr. LEAHY (for (A) its vigorous support and unwavering UDALL of New Mexico, Mr. VITTER, Mr. himself and Mr. LEVIN)) proposed an amend- commitment to the welfare, security, and VOINOVICH, Mr. WARNER, Mr. WEBB, Mr. ment to the concurrent resolution H. Con. survival of the State of Israel as a Jewish WHITEHOUSE, Mr. WICKER, and Mr. Res. 286, supra. and democratic state within recognized and WYDEN) submitted the following reso- secure borders; f lution; which was considered and (B) its strong support and deep interest in TEXT OF AMENDMENTS achieving a resolution of the Israeli–Pales- agreed to: tinian conflict through the creation of a S. RES. 572 SA 4398. Mr. FEINGOLD submitted democratic, viable, and independent Pales- Whereas, the Honorable Robert C. Byrd an amendment intended to be proposed tinian state living in peace alongside of the served the people of his beloved state of West by him to the bill H.R. 5297, to create State of Israel; Virginia for over 63 years, serving in the the Small Business Lending Fund Pro- (C) its ongoing concern and sympathy for West Virginia House of Delegates, the West gram to direct the Secretary of the the family of Gilad Shalit; and Virginia Senate, the United States House of Treasury to make capital investments (D) its full commitment to continue to Representatives, and the United States Sen- in eligible institutions in order to in- seek the immediate and unconditional re- ate; crease the availability of credit for lease of Gilad Shalit and other missing Whereas, the Honorable Robert C. Byrd is Israeli soldiers; the only West Virginian to have served in small businesses, to amend the Inter- (3) recalls— both Houses of the West Virginia Legislature nal Revenue Code of 1986 to provide tax (A) the illegal and barbaric attack on and and in both Houses of the United States Con- incentives for small business job cre- kidnapping of the bodies of Ehud Goldwasser gress; ation, and for other purposes; which and Eldad Regev on July 12, 2006, by the Whereas, the Honorable Robert C. Byrd has was ordered to lie on the table; as fol- Iran-supported terrorist group Hezbollah; served for fifty-one years in the United lows: and States Senate and is the longest serving Sen- ator in history, having been elected to nine At the appropriate place, insert the fol- (B) the missing Israeli soldiers Zecharya lowing: Baumel, Zvi Feldman, and Yehuda Katz, full terms; Whereas, the Honorable Robert C. Byrd has SEC. ll. ANNUAL REPORT ON AWARDING OF missing since June 11, 1982, Ron Arad, who FEDERAL CONTRACTS TO CONTRAC- was captured on October 16, 1986, Guy Hever, cast more than 18,680 roll call votes—more than any other Senator in American history; TORS LISTED ON THE EXCLUDED last seen on August 17, 1997, and Majdy PARTIES LIST SYSTEM. Halabi, last seen on May 24, 2005; and Whereas, the Honorable Robert C. Byrd has served in the Senate leadership as President Not later than 180 days after the date of (4) condemns— the enactment of this Act, and annually (A) Hamas for the grossly illegal and im- pro tempore, Majority Leader, Majority Whip, Minority Leader, and Secretary of the thereafter, the Comptroller General of the moral cross border attack and kidnapping of United States shall submit to the Committee Gilad Shalit; and Majority Conference; Whereas, the Honorable Robert C. Byrd has on Homeland Security and Governmental Af- (B) the Governments of Iran and Syria, the served on a Senate committee, the Com- fairs of the Senate and the Committee on primary state sponsors and patrons of mittee on Appropriations, which he has Oversight and Government Reform of the Hamas, for their ongoing support for inter- chaired during five Congresses, longer than House of Representatives a report describing national terrorism. any other Senator; and during the previous year the extent to which f Whereas, the Honorable Robert C. Byrd is suspended or debarred contractors on the Ex- cluded Parties List System, including those SENATE RESOLUTION 572—REL- the first Senator to have authored a com- prehensive history of the United States Sen- suspended or debarred for failing to make ATIVE TO THE DEATH OF THE ate; full or timely payments to subcontractors— HONORABLE ROBERT C. BYRD, A Whereas, the Honorable Robert C. Byrd has (1) continued to receive Federal contracts; SENATOR FROM THE STATE OF played an essential role in the development or WEST VIRGINIA and enactment of an enormous body of na- (2) were granted waivers from Federal tional legislative initiatives and policy over agencies from suspension or debarment for Mr. REID (for himself, Mr. MCCON- many decades: purposes of entering into Federal contracts. NELL, Mr. ROCKEFELLER, Mr. AKAKA, Whereas his death has deprived his State Mr. ALEXANDER, Mr. BARRASSO, Mr. and Nation of an outstanding lawmaker and SA 4399. Mr. CASEY (for Mr. LEAHY BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. public servant: Now therefore, be it (for himself and Mr. LEVIN)) proposed BENNET, Mr. BENNETT, Mr. BINGAMAN, Resolved, That the Senate has heard with an amendment to the concurrent reso- profound sorrow and deep regret the an- Mr. BOND, Mrs. BOXER, Mr. BROWN of lution H. Con. Res. 286, recognizing the nouncement of the death of the Honorable Massachusetts, Mr. BROWN of Ohio, Mr. Robert C. Byrd, Senator from the State of 235th birthday of the United States BROWNBACK, Mr. BUNNING, Mr. BURR, West Virginia. Army; as follows: Mr. BURRIS, Ms. CANTWELL, Mr. Resolved, That the Secretary of the Senate Strike all after the resolving clause and in- CARDIN, Mr. CARPER, Mr. CASEY, Mr. communicate these resolutions to the House sert the following: That Congress—

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.001 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11850 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 (1) expresses its appreciation to the mem- AUTHORITY FOR COMMITTEES TO SEC. 2. PREDISASTER HAZARD MITIGATION. bers of the United States Army for 235 years MEET (a) ALLOCATION OF FUNDS.—Section 203(f) of of dedicated service; and the Robert T. Stafford Disaster Relief and (2) honors the valor, commitment, and sac- COMMITTEE ON THE JUDICIARY Emergency Assistance Act (42 U.S.C. 5133(f)) rifice that members of the United States Mr. REID. Mr. President, I ask unan- is amended to read as follows: Army, their families, and Army civilians imous consent that the Committee on ‘‘(f) ALLOCATION OF FUNDS.— have displayed throughout the history of the the Judiciary be authorized to meet ‘‘(1) IN GENERAL.—The President shall Army. during the session of the Senate, on award financial assistance under this section June 28, 2010, at 12:30 p.m., in room SH– on a competitive basis and in accordance with the criteria in subsection (g). SA 4400. Mr. CASEY (for Mr. LEAHY 216 of the Hart Senate Office Building, ‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In (for himself and Mr. LEVIN)) proposed to conduct a hearing on the nomina- providing financial assistance under this sec- an amendment to the concurrent reso- tion of Elena Kagan to be an Associate tion, the President shall ensure that the lution H. Con. Res. 286, recognizing the Justice of the Supreme Court of the amount of financial assistance made avail- 235th birthday of the United States United States. able to a State (including amounts made Army; as follows: The PRESIDING OFFICER. Without available to local governments of the State) objection, it is so ordered. for a fiscal year— Strike the preamble and insert the fol- ‘‘(A) is not less than the lesser of— lowing: f ‘‘(i) $575,000; or Whereas, on June 14, 1775, the Second Con- ‘‘(ii) the amount that is equal to 1 percent tinental Congress, representing the citizens PREDISASTER HAZARD MITIGATION ACT OF 2010 of the total funds appropriated to carry out of 13 American colonies, authorized the es- this section for the fiscal year; and tablishment of the Continental Army; Mr. CASEY. Madam President, I ask ‘‘(B) does not exceed the amount that is Whereas for the past 235 years, the United unanimous consent that the Senate equal to 15 percent of the total funds appro- States Army’s central mission has been to proceed to Calendar No. 440, S. 3249. priated to carry out this section for the fis- fight and win wars; The PRESIDING OFFICER. The cal year.’’. Whereas the 183 campaign streamers from (b) AUTHORIZATION OF APPROPRIATIONS.— Lexington to Iraqi Surge carried on the clerk will report the title of the bill. The legislative clerk read as follows: Section 203(m) of the Robert T. Stafford Dis- Army flag are a testament to the valor, com- aster Relief and Emergency Assistance Act mitment, and sacrifice of the brave members A bill (S. 3249) to amend the Robert T. (42 U.S.C. 5133(m)) is amended to read as fol- of the United States Army; Stafford Disaster Relief and Emergency As- lows: Whereas members of the United States sistance Act to reauthorize the predisaster ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— Army have won extraordinary distinction hazard mitigation program and for other There are authorized to be appropriated to and respect for the Nation and its Army purposes. carry out this section— stemming from engagements around the There being no objection, the Senate ‘‘(1) $180,000,000 for fiscal year 2011; globe; proceeded to consider the bill, which ‘‘(2) $190,000,000 for fiscal year 2012; Whereas in 2010, the United States will re- ‘‘(3) $200,000,000 for fiscal year 2013; flect on the contributions of members of the had been reported from the Committee on Homeland Security and Govern- ‘‘(4) $200,000,000 for fiscal year 2014; and United States Army on the Korean peninsula ‘‘(5) $200,000,000 for fiscal year 2015.’’. mental Affairs, with an amendment. in commemoration of the 60th anniversary of (c) TECHNICAL CORRECTIONS TO REF- the Korean War; S. 3249 ERENCES.—The Robert T. Stafford Disaster Whereas the motto on the United States SEC. 3. PROHIBITION ON EARMARKS. Relief and Emergency Assistance Act (42 Army seal, ‘‘This We’ll Defend’’, is the creed Section 203 of the Robert T. Stafford Disaster U.S.C. 5121 et seq.) is amended— by which the members of the Army live and Relief and Emergency Assistance Act (42 U.S.C. (1) in section 602(a) (42 U.S.C. 5195a(a)), by serve; 5133) is amended by adding at the end the fol- striking paragraph (7) and inserting the fol- Whereas the United States Army is an all- lowing: lowing: volunteer force that is trained and ready for ‘‘(n) PROHIBITION ON EARMARKS.— ‘‘(7) ADMINISTRATOR.—The term ‘Adminis- any adversary that might threaten our Na- ‘‘(1) IN GENERAL.—None of the funds appro- trator’ means the Administrator of the Fed- tion or its national security interests; and priated or otherwise made available to carry out eral Emergency Management Agency.’’; and Whereas no matter what the cause, loca- this section may be used for congressionally di- (2) by striking ‘‘Director’’ each place it ap- tion, or magnitude of future conflicts, the rected spending, as defined under rule XLIV of pears and inserting ‘‘Administrator’’, ex- United States can rely on its well-trained, the Standing Rules of the Senate. cept— well-led, and highly motivated members of ‘‘(2) REPORT TO CONGRESS.—If grants are (A) in section 622 (42 U.S.C. 5197a)— the United States Army to successfully awarded under this section using procedures (i) in the second and fourth places it ap- carry out the missions entrusted to them: other than competitive procedures, the Adminis- pears in subsection (c); and Now, therefore, be it trator of the Federal Emergency Management (ii) in subsection (d); and Agency shall submit to Congress a report ex- (B) in section 626(b) (42 U.S.C. 5197e(b)). f plaining why competitive procedures were not SEC. 3. PROHIBITION ON EARMARKS. used.’’. Section 203 of the Robert T. Stafford Dis- NOTICE OF HEARING Mr. CASEY. I ask unanimous consent aster Relief and Emergency Assistance Act that the committee-reported amend- (42 U.S.C. 5133) is amended by adding at the Mr. BINGAMAN. Mr. President, I end the following: ment be agreed to; the bill, as amend- would like to announce for the infor- ‘‘(n) PROHIBITION ON EARMARKS.— ed, be read a third time and passed, the mation of the Senate and the public ‘‘(1) IN GENERAL.—None of the funds appro- motions to reconsider be laid upon the that a Business Meeting has been priated or otherwise made available to carry table without intervening action or de- scheduled before the Committee on En- out this section may be used for congression- bate, and that any statements related ally directed spending, as defined under rule ergy and Natural Resources. The busi- to the bill be printed in the RECORD. XLIV of the Standing Rules of the Senate. ness meeting will be held on Wednes- The PRESIDING OFFICER. Without ‘‘(2) REPORT TO CONGRESS.—If grants are day, June 30, 2010, at 9:30 a.m., in room objection, it is so ordered. awarded under this section using procedures SD–366 of the Dirksen Senate Office other than competitive procedures, the Ad- The amendment was agreed to. Building. ministrator of the Federal Emergency Man- The bill (S. 3249), as amended, was or- The purpose of the Business Meeting agement Agency shall submit to Congress a dered to be engrossed for a third read- report explaining why competitive proce- is to consider S. 3516, a bill to amend ing, was read the third time, and dures were not used.’’. the Outer Continental Shelf Lands Act passed, as follows: f to reform the management of energy S. 3249 and mineral resources on the Outer RECOGNIZING THE 235TH BIRTH- Continental Shelf, and for other pur- Be it enacted by the Senate and House of Rep- DAY OF THE UNITED STATES resentatives of the United States of America in ARMY poses. Congress assembled, For further information, please con- SECTION 1. SHORT TITLE. Mr. CASEY. Madam President, I ask tact Sam Fowler at (202) 224–7571 or This Act may be cited as the ‘‘Predisaster unanimous consent that the Judiciary Amanda Kelly at (202) 224–6836. Hazard Mitigation Act of 2010’’. Committee be discharged from further

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.001 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11851 consideration of H. Con. Res. 286 and Whereas no matter what the cause, loca- to fully commit to regulating the sale, trans- the Senate proceed to its immediate tion, or magnitude of future conflicts, the port, and use of ammonium nitrate in the re- consideration. United States can rely on its well-trained, gion; The PRESIDING OFFICER. Without well-led, and highly motivated members of (2) calls on the Secretary of State— the United States Army to successfully (A) to continue to diplomatically engage objection, it is so ordered. carry out the missions entrusted to them: with the Governments of Pakistan, Afghani- The clerk will report the concurrent Now, therefore, be it stan, and other Central Asian countries to resolution by title. The preamble, as amended, was address the proliferation and transportation The legislative clerk read as follows: agreed to. of ammonium nitrate and other improvised A concurrent resolution (H. Con. Res. 286) explosive device (‘‘IED’’) precursors in the recognizing the 235th birthday of the United f region; and States Army. AMMONIUM NITRATE FERTILIZER (B) to work with the World Customs Orga- nization and other international bodies, as There being no objection, the Senate Mr. CASEY. Madam President, I ask proceeded to consider the concurrent the Secretary of State determines to be ap- unanimous consent that the Senate propriate, on initiatives to improve controls resolution. proceed to the immediate consider- globally on IED components; and Mr. CASEY. I ask unanimous consent ation of S. Res. 570, submitted earlier (3) urges the Secretary of State to work that a Leahy-Levin amendment to the today. with the Governments of Pakistan, Afghani- resolution, which is at the desk, be The PRESIDING OFFICER. The stan, and other Central Asian countries to agreed to; the concurrent resolution, as clerk will report the resolution by encourage and support improvements in in- amended, be agreed to; that a Leahy- title. frastructure and procedures at border cross- ings to prevent the flow of ammonium ni- Levin amendment to the preamble, The legislative clerk read as follows: which is at the desk, be agreed to; the trate and other IED precursors or compo- A resolution (S. Res. 570) calling for con- nents into the region. preamble, as amended, be agreed to; tinued support for and an increased effort by the motions to reconsider be laid upon the Governments of Pakistan, Afghanistan, f the table with no intervening action or and other Central Asian countries to effec- RELEASE OF GILAD SHALIT tively monitor and regulate the manufac- debate; and any statements related to Mr. CASEY. Madam President, I ask the concurrent resolution be printed in ture, sale, transport, and use of ammonium nitrate fertilizer in order to prevent the unanimous consent that the Senate the RECORD. proceed to the immediate consider- The PRESIDING OFFICER. Without transport of ammonium nitrate into Afghan- istan where the ammonium nitrate is used in ation of S. Res. 571, submitted earlier objection, it is so ordered. improvised explosive devices. today. The amendment (No. 4399) was agreed There being no objection, the Senate The PRESIDING OFFICER. The to, as follows: proceeded to consider the resolution. clerk will report the resolution by AMENDMENT NO. 4399 Mr. CASEY. Madam President, I ask title. Strike all after the resolving clause and in- unanimous consent that the resolution The legislative clerk read as follows: sert the following: That Congress— be agreed to, the preamble be agreed A resolution (S. Res. 571) calling for the (1) expresses its appreciation to the mem- immediate and unconditional release of bers of the United States Army for 235 years to, the motions to reconsider be laid Israeli soldier Gilad Shalit held captive by of dedicated service; and upon the table, with no intervening ac- Hamas, and for other purposes. (2) honors the valor, commitment, and sac- tion or debate, and any statements re- rifice that members of the United States lated to the resolution be printed in There being no objection, the Senate Army, their families, and Army civilians the RECORD. proceeded to consider the resolution. have displayed throughout the history of the The PRESIDING OFFICER. Without Mr. CASEY. I ask unanimous consent Army. objection, it is so ordered. that the resolution be agreed to, the The resolution, as amended, was The resolution (S. Res. 570) was preamble be agreed to, the motions to agreed to. agreed to. reconsider be laid upon the table, with The amendment (No. 4400) was agreed The preamble was agreed to. no intervening action or debate, and to, as follows: The resolution, with its preamble, any statements be printed in the AMENDMENT NO. 4400 reads as follows: RECORD. Strike the preamble and insert the fol- S. RES. 570 The PRESIDING OFFICER. Without lowing: Whereas it is illegal to manufacture, own, objection, it is so ordered. Whereas, on June 14, 1775, the Second Con- or use ammonium nitrate fertilizer in Af- The resolution (S. Res. 571) was tinental Congress, representing the citizens ghanistan since a ban was instituted by Af- agreed to. of 13 American colonies, authorized the es- ghan President Hamid Karzai in January The preamble was agreed to. tablishment of the Continental Army; 2010; The resolution, with its preamble, Whereas for the past 235 years, the United Whereas ammonium nitrate fertilizer has reads as follows: States Army’s central mission has been to historically been and continues to be 1 of the fight and win wars; primary explosive ingredients used in impro- S. RES. 571 Whereas the 183 campaign streamers from vised explosive devices (referred to in this Whereas Congress previously expressed its Lexington to Iraqi Surge carried on the preamble as ‘‘IEDs’’) by Taliban insurgents concern for missing Israeli soldiers in the Army flag are a testament to the valor, com- in Afghanistan against the United States Act entitled ‘‘An Act to locate and secure mitment, and sacrifice of the brave members and coalition forces; the return of Zachary Baumel, a United of the United States Army; Whereas 275 United States troops were States citizen, and other soldiers missing in Whereas members of the United States killed by IEDs in Afghanistan in 2009; action’’, approved November 8, 1999 (Public Army have won extraordinary distinction Whereas large amounts of ammonium ni- Law 106–89; 113 Stat. 1305), which required and respect for the Nation and its Army trate are shipped into Afghanistan from the Secretary of State to raise the status of stemming from engagements around the Pakistan, Iran, and other Central Asian missing Israeli soldiers with appropriate globe; countries; government officials of Syria, Lebanon, the Whereas in 2010, the United States will re- Whereas the Government of Pakistan has Palestinian Authority, and other govern- flect on the contributions of members of the indicated a willingness to work collabo- ments in the region, and to submit to Con- United States Army on the Korean peninsula ratively with the Governments of the United gress reports on those efforts and any subse- in commemoration of the 60th anniversary of States and Afghanistan to address the regu- quent discovery of relevant information; the Korean War; lation and interdiction of ammonium nitrate Whereas the House of Representatives Whereas the motto on the United States fertilizer and other IED precursors; and passed H. Res. 107 on March 13, 2007, regard- Army seal, ‘‘This We’ll Defend’’, is the creed Whereas the United States government ing Gilad Shalit and other Israeli soldiers il- by which the members of the Army live and currently provides assistance to Pakistan for legally attacked and captured by terrorists; serve; agricultural development and capacity build- Whereas Israel completed its withdrawal Whereas the United States Army is an all- ing: Now, therefore, be it from Gaza on September 12, 2005; volunteer force that is trained and ready for Resolved, That the Senate— Whereas, on June 25, 2006, Hamas together any adversary that might threaten our Na- (1) urges the Governments of Pakistan, Af- with allied terrorists crossed into Israel to tion or its national security interests; and ghanistan, and other Central Asian countries attack a military post, killing two soldiers

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.001 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11852 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 and wounding and kidnapping Gilad Shalit in CHINESE CURRENCY opportunities and confronting gath- a blatantly illegal and extortionate effort to MANIPULATION ering national security threats. You re- coerce the Government of Israel; Mr. BROWN of Ohio. Madam Presi- member 10 years ago we had a balanced Whereas Hamas has prevented access to budget, until the Bush years with tax Gilad Shalit by competent medical personnel dent, over the last few days, we have and representatives of the International watched President Obama’s Cabinet cuts for the rich, the giveaway for the Committee of the Red Cross; Members and leaders of the G20 nations drug and insurance companies in the Whereas Hamas has refused to provide in Toronto for an economic summit. name of Medicare privatization, and Gilad Shalit with regular contact with his Our trade relationship with China has two wars, all of which were charged to family or any other party, or to allow his been one of the most important among our grandchildren, none of which were family to know where he is being held; many issues the world’s leaders have paid for. We had an economic situation Whereas Hamas has compelled Gilad Shalit where we were beginning to lose manu- to appear in video and voice recordings in- addressed. We know Ohio’s workers and manu- facturing jobs. tended to illegally and extortionately coerce I remember those days, serving in the the Government of Israel; and facturers can compete with anyone in Whereas Gilad Shalit has been held in cap- the world, but China’s currency manip- House, and recall that every Member of tivity by Hamas for almost four years: Now, ulation imposes an enormous and an Congress—literally probably every sin- therefore, be it unfair competitive disadvantage to our gle Member of Congress—was told, even Resolved, That the Senate— workers and our manufacturers. those of us who were outspokenly (1) demands that— While last week’s announcement that against this PNTR with China—we (A) Hamas immediately and uncondition- China will allow a gradual appreciation were told repeatedly in newspaper ads ally release Israeli soldier Gilad Shalit; and and editorials, told in hundreds of indi- (B) Hamas— of the value of the yuan is encouraging, (i) allow prompt access to the Israeli cap- we have all too often seen China revert vidual visits by CEOs of Americas larg- tives by competent medical personnel and to its old tricks when the spotlight est companies—they walked into our representatives of the International Com- fades. In fact, China made its an- office and said: We want access to 1.2 mittee of the Red Cross; nouncement on a Saturday—a billion Chinese consumers. Really, they (ii) facilitate regular communication by minimalist announcement at that—and didn’t; they wanted access to 1.2 billion Gilad Shalit with his family and allow his the next day backpedaled even on that Chinese workers. family to know where he is being held; and announcement. Free-trade advocates in Washington (iii) cease compelling Gilad Shalit to ap- China’s systemic intervention in the and Wall Street and nearly every edi- pear in video and voice recordings intended torial board lauded the economic op- to illegally and extortionately coerce the currency market, where they continue Government of Israel; to buy Western currency, has led to the portunities yet to come from U.S. (2) expresses— undervaluation of the yuan by up to 40 workers and businesses. These pundits, (A) its vigorous support and unwavering percent—some economists say even these CEOs, these Ivy League econo- commitment to the welfare, security, and more than that. That means China has mists, these newspaper editors her- survival of the State of Israel as a Jewish a distinct advantage for its exporters alded passage of PNTR with China as and democratic state within recognized and and puts our exporters at a distinct the best way to promote reform and secure borders; disadvantage when they try to get into stability in China and the region. None (B) its strong support and deep interest in hesitated for a minute calling those of achieving a resolution of the Israeli–Pales- the Chinese market. That is why we tinian conflict through the creation of a asked the Commerce Department to us who opposed the PNTR protection- democratic, viable, and independent Pales- make the important decision to inves- ists, saying that we have our heads in tinian state living in peace alongside of the tigate China’s currency manipulation the sand, we are backward-looking State of Israel; on behalf of paper manufacturers in Luddites and whatever adjective they (C) its ongoing concern and sympathy for Ohio and several other States. These chose. Today, just 10 years later, those the family of Gilad Shalit; and companies and their workers in West proponents have been shown dreadfully (D) its full commitment to continue to Carlton, OH, and in Miamisburg, OH, wrong. The problem is that those peo- seek the immediate and unconditional re- ple who pushed PNTR—the CEOs, the lease of Gilad Shalit and other missing are holding on for their lives, and, like Israeli soldiers; manufacturers and workers around the Harvard economist, the newspaper edi- (3) recalls— United States, they understand why tors—few of them have lost their jobs. (A) the illegal and barbaric attack on and our trade law’s enforcement and rem- It has been workers in Galion, OH, and kidnapping of the bodies of Ehud Goldwasser edies are so vital. They know firsthand Zanesville and Toledo and Mansfield and Eldad Regev on July 12, 2006, by the why our trade laws must combat cur- and Chillicothe who have paid the price Iran-supported terrorist group Hezbollah; rency manipulation. because of that terrible decision to ex- and If we fail to act, China’s currency tend those trade preferences to the (B) the missing Israeli soldiers Zecharya People’s Republic of China. Baumel, Zvi Feldman, and Yehuda Katz, manipulation will continue to con- missing since June 11, 1982, Ron Arad, who tribute to our country’s staggering Since receiving PNTR status and the was captured on October 16, 1986, Guy Hever, trade deficit with China. Our trade def- benefits of membership in the World last seen on August 17, 1997, and Majdy icit with China in the last 3 years, par- Trade Organization, the WTO, China Halabi, last seen on May 24, 2005; and ticularly prior to our terrible financial has taken money from American con- (4) condemns— situation, approached $1 billion a day. sumers and investors without fully (A) Hamas for the grossly illegal and im- That means we bought from China $1 opening its markets to American busi- moral cross border attack and kidnapping of billion more than we sold to them, day- nesses and workers. The results are Gilad Shalit; and record trade deficits. The results are (B) the Governments of Iran and Syria, the in and day-out, 365 days a year. primary state sponsors and patrons of Senators GRAHAM, SCHUMER, STABE- millions of jobs lost. Three million Hamas, for their ongoing support for inter- NOW, and I are calling for a vote on our manufacturing jobs have been lost in national terrorism. legislation that addresses this blatant the last several years—not all because Mr. CASEY. Madam President, I sug- currency manipulation to ensure that of China trade but a significant num- gest the absence of a quorum. we take action on Chinese imports ber. The PRESIDING OFFICER. The until the yuan rises to its fair market Chinese workers continue to face low clerk will call the roll. value. wages and substandard labor condi- The legislative clerk proceeded to It is clear that our manufacturers are tions. This has not worked particularly call the roll. backed into a corner. It is also clear well for Chinese workers. It sure has Mr. BROWN of Ohio. Madam Presi- that it did not have to be this way. Ten not worked well for American workers. dent, I ask unanimous consent that the years ago this summer, Congress It has worked well for those American order for the quorum call be rescinded. passed permanent normal trade rela- companies that outsourced their jobs, The PRESIDING OFFICER. Without tions with China as our Nation entered hired Chinese workers at very low objection, it is so ordered. the 21st century facing great economic wages, with very few environmental or

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.001 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 11853 worker safety safeguards, and then ex- Right now, China is working every decade of the 21st century further be- ported those goods back into the day to win the race by any cost and hind, facing the same hurdles that United States. any means necessary. Beijing invested faced our Nation just 10 years ago. Even the most ardent proponents of $35 billion in renewable energy last As the G20 summit convenes this China PNTR are likely to feel a bit of year, more or less double the $18 billion weekend and beyond, we must take the buyer’s remorse, unable to do business we invested as a country. Every day we buyer’s remorse of those who supported in China because of China’s aggressive delay investments in clean energy, China PNTR and make sure we begin protection of its industries. China spends $51 million a day to fur- the next decade with a rules-based We must do more to strengthen a ther that unacceptable gap. trading system that works for Amer- multilateral, rules-based system that China is not only using its abundance ican workers and works for American holds trading partners accountable. A of capital to monopolize clean energy manufacturers. critical way to hold them accountable manufacturing, it is also elbowing I yield the floor and suggest the ab- and advance our economic interests is competition out of the way by dis- sence of a quorum. strong and aggressive trade enforce- criminating against U.S. companies. The PRESIDING OFFICER (Mr. ment. China cries foul at our ‘‘Buy Amer- MERKLEY). The clerk will call the roll. The legislative clerk proceeded to President Obama, on two occasions, ican’’ policies but has its own ‘‘Buy call the roll. did something President Bush never China’’ policies, without signing onto Mr. BROWN of Ohio. I ask unanimous did, even though he was presented with the WTO agreement on procurement. consent that the order for the quorum recommendations from the Inter- They promised in 2000, with the pas- call be rescinded. national Trading Commission. Presi- sage of PNTR, they promised they The PRESIDING OFFICER. Without dent Obama twice already showed a would join the agreement on procure- objection, it is so ordered. willingness to enforce trade rules—the ment, which meant fair play on con- f first President to invoke the section tracts between and among govern- 421 safeguards, which he did when he ments. Yet China has not only refused RELATIVE TO THE DEATH OF ROB- granted relief to the U.S. consumer tire to sign on, they also had a strong ‘‘Buy ERT C. BYRD, A SENATOR FROM industry. This single action saved at China’’ arrangement in their economy, THE STATE OF WEST VIRGINIA least 100 jobs in Findlay, OH, at Cooper what would have violated WTO rules. Mr. BROWN of Ohio. Mr. President, I Tire, after President Obama said China Yet several major opinion leaders—Ivy ask unanimous consent the Senate pro- is cheating, China is not playing fair, League economists, pundits on tele- ceed to the immediate consideration of and invoked these sanctions against vision, newspaper editors, and too S. Res. 572, submitted earlier today. them. many elected officials—pushed back The PRESIDING OFFICER. The The Commerce Department then and said we should not do ‘‘Buy Amer- clerk will report the resolution by found that steel pipe and tube manu- ican’’ in this country. title. facturers, so-called ‘‘oil country tubu- China’s so-called ‘‘indigenous innova- The legislative clerk read as follows: lar goods’’ manufacturers, are being tion’’ policies provide preferences to A resolution (S. Res. 572) relative to the dramatically undercut by China. As a products containing Chinese-developed death of the Honorable ROBERT C. BYRD, a result, the International Trade Com- intellectual property for government Senator from the State of West Virginia. mission granted immediate relief for procurement purposes. That is why I There being no objection, the Senate these oil country tubular goods, which encourage the Obama administration proceeded to consider the resolution. is helping V&M Star expand operations to launch a section 301 case against the Mr. INOUYE. Mr. President, my in Youngstown. Chinese package of policies that limit heart is heavy with sadness following I was in Youngstown at V&M Star. I market access to U.S. companies in the the passing of a dear friend, ROBERT C. saw what they were doing. We did a clean energy sector. BYRD, Senator from West Virginia. groundbreaking today with Governor If China leads the clean energy revo- We have been friends for nearly 50 Strickland, who has played a roll in as- lution, we will trade dependance on for- years and I am overcome with memo- sembling the package for Star Steel’s eign oil with dependence on Chinese or ries. Nearly 48 years ago Senator BYRD expansion—some recovery dollars to foreign clean energy technologies. was one of the first to greet me in the help with infrastructure leading in and With the right investments and with Chamber of the U.S. Senate. Since that first moment of friendship out of the plant, a $6 million invest- strong trade enforcement, we can make we have worked together on many ment in V&M, a very productive work- sure that does not happen. projects. And since those early days, I force for the last several years at V&M Consider, as you know in Oregon, have called him, ‘‘my leader.’’ Star, and this trade decision President what is at stake. Five of the top ten He was my mentor. Over the years he Obama made to simply say the Chinese solar panel makers in the world are provided me countless opportunities have not played fair—and the ITC has from China. But the No. 1 is First and tasked me with positions of crit- granted immediate relief. Those fac- Solar, a U.S. company which has fac- ical national oversight while guiding tors show that when you enforce trade tories around the world that can my actions with the temperance he law, it creates jobs. produce as much energy as any coal or learned as the longest serving Senator There will be 1,000 building trades nuclear plant but, of course, much in history. jobs for the next 18 months in cleaner and more efficient. He was a Senator’s Senator. His Mahoning Valley because of these di- One of First Solar’s factories is in many accomplishments were historic rect jobs. Then there will be another Perrysburg, OH, and the entrepreneurs and he fought tirelessly to improve the 400 or so and maybe more jobs in the behind the company’s success started lives of working families in West Vir- future as this company expands. at the University of Toledo. If we want ginia. We shared the belief that we These are good developments, obvi- to keep First Solar at the top in the must provide for the people who trust ously, but there is more we can do to world, and if we want our entre- us to represent their communities in show America is serious about trade preneurs to continue to lead the world Washington. enforcement. There is more we can do in innovation, they should have access I owe much to my leader, Senator to show we are serious about rebal- to all of the world’s markets. That is BYRD. He will forever have my grati- ancing our trade relationship with why we need the President of the tude and respect and I will miss him China in defending our national eco- United States to lead the crusade for dearly. My thoughts and prayers are nomic interests. And we know there is vigorous trade enforcement. with the Byrd family during this dif- more we can do in defending a strong Just the launch of a 301 case by this ficult time. national manufacturing base that leads administration will show China we are Mr. President, as America mourns, I the United States in the global clean serious about competing in this emerg- ask my colleagues to join me in paying energy economy. ing market. We cannot enter the next tribute to Senator BYRD.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.001 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11854 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 Mrs. BOXER. Mr. President, I know have teamed up on this and we have al- 1946, it may be that he was the longest several colleagues have come to the ways had a willing listener in ROBERT serving elected official in history. His floor today to note the passing of a C. BYRD, who understood and helped us passing is a profound loss to all Ameri- giant among us, ROBERT BYRD. I want get the stakeholders to the table to cans, to his beloved constituents in to take a moment here to speak find ways to preserve, to conserve, and West Virginia, and particularly to the straight from the heart about ROBERT increase the supply in a smart way for institution of the U.S. Senate and BYRD and my experience working with all those stakeholders. those of us who serve here. The Senate him. As we look at his desk with the These things are very big to the peo- had no greater champion than ROBERT flowers there, we of course think back ple of California, who probably have BYRD, no one with his understanding of to not too long ago when we lost an- not connected ROBERT BYRD to Cali- the Senate’s unique character, role, other giant, Ted Kennedy. I think what fornia. But in all of these cases where promise, history, and parliamentary distinguishes these two from others is we were so in need, he was there for us. procedures. their unbelievable, undying commit- I remember so well his leadership in When ROBERT BYRD was elected to ment to the people they represented trying to bring the troops home from the Senate in 1958, after serving in the and to this country. Iraq. Twenty-three of us stood up and House for 6 years, he was part of a I think, when all is said and done, said no to that war because we thought large, distinguished class that included that is what it is about. It is not about it meant taking our eye off Osama bin such future giants as Hugh Scott, Gene how long you serve. Of course, in the Laden and what was happening in Af- McCarthy, Edmund Muskie, and Philip case of both Senator Kennedy and Sen- ghanistan and turning around and Hart. He surpassed them all. ator BYRD, it was so long. Senator going into Iraq. We worried very much According to the Senate Historical BYRD made history as the longest serv- about what would happen with our Office, ROBERT BYRD was the 1,579th ing Senator, and that should be duly troops and that it would be a very long person to become a U.S. Senator. Since noted. But it is well beyond that. It is war and there was no exit strategy. he was elected to the Senate, another about this fierce sense of ‘‘fight for Senator BYRD organized us and he 335 individuals have become U.S. Sen- your people’’ that they both had. opened his office here in the Capitol ators. All in all, ROBERT BYRD served When I came to the Senate, of course and said we need to talk about ways with over 400 other Senators. And I am ROBERT C. BYRD was a legend for sure. that we can bring this war to the end. certain that each one of them held He always met with the incoming Sen- We need to organize and we need to their colleague, as I do, in the highest ators, to give them the rules of the talk about what is happening to our esteem. road about procedure, about how to troops. He cared so much. For me, to Senator BYRD’s modest beginnings in conduct yourself when you were in the have been in his presence and to watch the hard-scrabble coal fields of Appa- chair, about the dignity of the Senate, him work has been an amazing experi- lachia are well known. After his moth- and most of all about reverence for the ence. So I rise to pay tribute to him. er died during the 1918 flu pandemic, Constitution. As many know and many He has so many wonderful family Senator BYRD went to live with an saw, the image I will always have of members who care so much about him. aunt and uncle who adopted him and ROBERT C. BYRD is of him reaching in- When he lost his wife, it took a huge raised him in a house without running side his suit pocket and bringing out toll on ROBERT BYRD, and you saw it in water or electricity. He pumped gas the Constitution—which, along with his face. A light went out inside. His and butchered hogs. During World War the Bible, was what he cherished most. grandchildren and children stepped up, II, he was a welder and built cargo He taught us that everything we do but that hole in his heart was there. It ships in Baltimore and Tampa Bay. here comes from the Founders, and he was evident to all of us. He stayed here After the war, he successfully ran for taught us to love and respect the Con- through thick and thin, came in— the West Virginia House of Delegates stitution and he did it in a way that wheeled in, in a wheelchair, fading, suf- and, 4 years later, the State’s senate, was truly inspiring. fering, to be in this place that he loved before entering Congress in 1953. All in I can tell you, coming from the larg- so much, so much; that he respected so all, he ran for and was elected to office est State in the Union, we have our much. 15 times—not counting primaries— share of problems. We have floods and I say, and I know, there is not a without suffering a single defeat. Suf- fires and droughts, we have pests in our Member on either side of the aisle who fice it to say that his life is the quin- agricultural industry, we have problem did not respect ROBERT C. BYRD for his tessential American success story. I after problem—earthquakes, need I say brilliance, for his strength, for his think every young American should that? Every single time we had one of fierce representation of his State and, learn about Senator BYRD’s life as an these disasters, Senator FEINSTEIN and by the way, for his extraordinary biog- example of what hard work and persist- I knew we had to go to our colleagues raphy, coming up the way he did. Talk ence and devotion can accomplish in and say: Please understand, California about the American dream—a child of this country. He understood better needs the help of the U.S. Government dire poverty, close to the mines. He al- than most people the importance of because the damage is so massive. Of ways fought for those miners. What a being educated, not just for embarking course, we all do that whenever our legacy he leaves. on a successful career, but as an end to State has a problem, because we are I don’t have any notes in front of me. itself. He was well-read and could re- the United States of America. I am speaking from the heart today. I cite from memory long passages from However, there are times when you will have a more complete statement, the Bible, and from great poets and au- do not have an ear that is listening. but I did want to make my views thors. He was a fine historian, not just Senator BYRD, as the chairman of the known today and send my condolences of the Founding Fathers and the U.S. Appropriations Committee, opened his to the family. It is a great loss for ev- Senate, but of ancient Greece and doors to us, opened his heart to us, eryone. Rome and England. opened his experience to us, and was al- Mr. CARDIN. Mr. President, I rise Senator BYRD married his high ways there for us. I so remember that, with a heavy heart to pay tribute to school sweetheart, Erma Ora James, time after time. our friend and colleague who died early shortly after they both graduated from I went to see him about our water this morning, Senator ROBERT C. BYRD, Mark Twain High School—where he problems. We have lots of water prob- the longest serving Member in the il- was valedictorian—in 1937. He was too lems. We have cities and suburbs that lustrious history of the U.S. Congress, poor to afford college right away and need the water. We have fishermen who the longest serving Senator, and the wouldn’t receive his degree from Mar- need the water. We have agriculture only Senator in U.S. history elected to shall University until 60 years later— that needs the water. All the stake- nine full terms. Considering that Sen- when he was 77. In between, he did holders have very difficult debates over ator BYRD won his first election, to the something no other Member of Con- water. Senator FEINSTEIN and I again West Virginia House of Delegates, in gress has ever done: he enrolled in law

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Byrd has served on a Senate committee, the Com- dent John Kennedy presented to him. who have been privileged to follow him mittee on Appropriations, which he has Senator BYRD was married to his be- in this Chamber. chaired during five Congresses, longer than loved Erma for nearly 69 years, and was In the last 10 months, we have lost any other Senator; and blessed with two daughters, six grand- two towering figures here in the Sen- Whereas, the Honorable Robert C. Byrd is children, and seven great-grand- ate: Ted Kennedy and ROBERT BYRD— the first Senator to have authored a com- children. one of the Senate’s greatest legislators prehensive history of the United States Sen- During his Senate tenure, ROBERT and without doubt its greatest de- ate; BYRD was elected to more leadership fender. Former Senator Paul Sarbanes, Whereas, the Honorable Robert C. Byrd has played an essential role in the development positions than any other Senator in whose seat I am privileged to hold, re- history, including majority and minor- and enactment of an enormous body of na- marked that Senator BYRD liked to say tional legislative initiatives and policy over ity leader, whip, and President pro that he never served under any Presi- many decades: Whereas his death has de- tempore. He cast 18,689 rollcall votes. dent, but was honored to serve with prived his State and Nation of an out- Only 29 other Senators in the history of many Presidents. We can honor these standing lawmaker and public servant: Now, the Republic have cast more than 10,000 twin giants by carrying on their leg- therefore, be it votes; Strom Thurmond is the only acies, by fighting to make America a Resolved, That the Senate has heard with other Senator to cast more than 16,000 better place for all Americans, and by profound sorrow and deep regret the an- nouncement of the death of the Honorable votes. Senator BYRD’s attendance defending the Senate’s role as a co- record over five decades—97 percent—is Robert C. Byrd, Senator from the State of equal, not subservient, branch of gov- West Virginia. as impressive as the sheer number of ernment. Resolved, That the Secretary of the Senate votes he cast. When Senator BYRD became the long- communicate these resolutions to the House Senator BYRD’s legislative accom- est serving Member of Congress last of Representatives and transmit an enrolled plishments, from economic develop- November, I quoted Robert E. Lee in copy thereof to the family of the deceased. ment and transportation to education my floor statement. Lee said: Resolved, That when the Senate adjourns today, it stand adjourned as a further mark and health care, are legendary. He Duty is the most sublime word in our lan- of respect to the memory of the deceased steered the Panama Canal Treaty guage. Do your duty in all things. You can- Senator. through the Senate and waged a lonely not do more. You should never wish to do battle against the war in Iraq, leading less. f an unsuccessful filibuster against the Senator ROBERT C. BYRD has done his MEASURE READ THE FIRST resolution granting President George duty in all things—to the Senate, to TIME—H.R. 5175 W. Bush broad power to wage a preemp- himself, to his family, to his State, to Mr. BROWN of Ohio. I understand tive war against Iraq. He claimed that his Nation, and to God. that H.R. 5175 has been received from his vote against the Iraq war resolu- I am honored to join his and my col- the House and is at the desk. I would tion was the vote of which he was most leagues here in the Senate, West Vir- ask for its first reading. proud for having cast over the course ginians, and all Americans in mourning The PRESIDING OFFICER. The of his career. When U.S. military the death, celebrating the life, and pay- clerk will read the title of the bill for strikes on Iraq commenced on March ing tribute to this great Senator and the first time. 19, 2003, he stated: this great man. The legislative clerk read as follows: Today I weep for my country. I have Mr. BROWN of Ohio. Mr. President, I watched the events of recent months with a A bill (H.R. 5175) to amend the Federal ask unanimous consent the resolution Election Campaign Act of 1971 to prohibit heavy, heavy heart. No more is the image of be agreed to, the preamble be agreed America one of strong, yet benevolent peace- foreign influence in Federal elections, to keeper. The image of America has changed. to, the motions to reconsider be laid prohibit government contractors from mak- Around the globe, our friends mistrust us, upon the table, with no intervening ac- ing expenditures with respect to such elec- our word is disputed, our intentions are tion or debate. tions, and to establish additional disclosure questioned. Instead of reasoning with those The PRESIDING OFFICER. Without requirements with respect to spending in with whom we disagree, we demand obedi- objection, it is so ordered. such elections, and for other purposes. ence or threaten recrimination. The resolution (S. Res. 572) was Mr. BROWN of Ohio. Mr. President, I Senator BYRD was unabashedly deter- agreed to. ask for its second reading and object to mined to use his power as a Senator The preamble was agreed to. my own request. and as the chairman or ranking mem- The resolution, with its preamble, The PRESIDING OFFICER. Objec- ber of the Appropriations Committee reads as follows: tion having been heard, the bill will re- to help lift his State out of grinding S. RES. 572 ceive its second reading on the next poverty. And he delivered for his con- Whereas, the Honorable Robert C. Byrd legislative day. stituents. It is no surprise, then, that served the people of his beloved state of West f he won 100 percent of the vote of West Virginia for over 63 years, serving in the ORDERS FOR TUESDAY, JUNE 29, Virginians in one election—1976—or West Virginia House of Delegates, the West 2010 frequently carried all 55 of West Vir- Virginia Senate, the United States House of ginia’s counties. And while he fer- Representatives, and the United States Sen- Mr. BROWN of Ohio. Mr. President, I vently supported the coal industry, he ate; ask unanimous consent that when the Whereas, the Honorable Robert C. Byrd is Senate completes its business today, it recognized the devastating environ- the only West Virginian to have served in mental and social impact of mountain- both Houses of the West Virginia Legislature adjourn until 10 a.m. on Tuesday, June top removal mining techniques and he and in both Houses of the United States Con- 29; that following the prayer and called for an end to that practice. gress; pledge, the Journal of proceedings be In the meantime, he wrote five Whereas, the Honorable Robert C. Byrd has approved to date, the morning hour be books, including the definitive history served for fifty-one years in the United deemed expired, and the time for the of the U.S. Senate. States Senate and is the longest serving Sen- two leaders be reserved for their use Perhaps the highest tribute to Sen- ator in history, having been elected to nine later in the day; that following any full terms; ator BYRD can be found in his bio- leader remarks, the Senate proceed to Whereas, the Honorable Robert C. Byrd has graphical section of the Almanac of cast more than 18,680 rollcall votes—more a period of morning business for one American Politics, which states: ‘‘Rob- than any other Senator in American history; hour, with Senators permitted to speak ert Byrd . . . may come closest to the Whereas, the Honorable Robert C. Byrd has therein for up to 10 minutes each, with kind of senator the Founding Fathers served in the Senate leadership as President the time equally divided and controlled

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR10\S28JN0.001 S28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11856 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 8 June 28, 2010 between the two leaders or their des- NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- MICHAEL A. ERVIN, OF WASHINGTON PIRING FEBRUARY 8, 2014, VICE VINCE J. JUARISTI, TERM S. ADAM FERGUSON, OF UTAH ignees, with the majority controlling EXPIRED. JACLYN M. FICHERA, OF VIRGINIA the first half and the Republicans con- PHYLLIS NICHAMOFF SEGAL, OF MASSACHUSETTS, TO DOUGLAS FOWLER, OF WYOMING BE A MEMBER OF THE BOARD OF DIRECTORS OF THE MAIDA A. FURNIA, OF OREGON trolling the final half; that following CORPORATION FOR NATIONAL AND COMMUNITY SERVICE BRENDA B. GABRIEL, OF VIRGINIA morning business, the Senate resume FOR A TERM EXPIRING OCTOBER 6, 2013, VICE JACOB JO- MAXIMILIAN ROBERT PEREZ GEBHARDT, OF NEW JER- SEPH LEW, TERM EXPIRED. SEY consideration of the motion to proceed EVANGELINE A. GESKOS, OF VIRGINIA LEGAL SERVICES CORPORATION IVNA GIAUQUE, OF VIRGINIA to H.R. 5297, the small business jobs DAMON M. GOFORTH, OF CALIFORNIA HARRY JAMES FRANKLYN KORRELL III, OF WASH- MICHAEL L. GUNZBURGER, OF CALIFORNIA bill. Finally, I ask that the Senate re- INGTON, TO BE A MEMBER OF THE BOARD OF DIRECTORS PAUL MICHAEL HANNA, OF FLORIDA OF THE LEGAL SERVICES CORPORATION FOR A TERM EX- cess from 12:30 until 2:15 to allow for BRIAN HAZELWOOD, OF VIRGINIA PIRING JULY 13, 2011, VICE JONANN E. CHILES, TERM EX- BENJAMIN D. HESPRICH, OF WISCONSIN the weekly caucus luncheons. PIRED. NOAH J. HEYMANN, OF THE DISTRICT OF COLUMBIA JOSEPH PIUS PIETRZYK, OF OHIO, TO BE A MEMBER OF The PRESIDING OFFICER. Without KATE E. HIGGINS, OF MARYLAND THE BOARD OF DIRECTORS OF THE LEGAL SERVICES objection, it is so ordered. SHEILA-ANNE P. HODGES, OF NEVADA CORPORATION FOR A TERM EXPIRING JULY 13, 2011, VICE KURT HOLMGREN, OF VIRGINIA f THOMAS A. FUENTES, TERM EXPIRED. BRIAN HOYT, OF CALIFORNIA NATIONAL COUNCIL ON DISABILITY GRETA L. HROMOVYCH, OF IOWA PROGRAM JOSEPH V. JAMES, OF VIRGINIA PAMELA YOUNG-HOLMES, OF WISCONSIN, TO BE A ANNE JENDERSECK, OF VIRGINIA Mr. BROWN of Ohio. Under a pre- MEMBER OF THE NATIONAL COUNCIL ON DISABILITY SAMANTHA ANN JENKINS, OF WASHINGTON FOR THE REMAINDER OF THE TERM EXPIRING SEP- JACOB A. JOHNSON, OF NEW YORK vious order, at 2:15, the Senate will TEMBER 17, 2010, VICE CHAD COLLEY, RESIGNED. AARON JAMES KADKHODAI, OF FLORIDA proceed to vote on the motion to in- PAMELA YOUNG-HOLMES, OF WISCONSIN, TO BE A IVAN F. KAMARA, OF ARIZONA MEMBER OF THE NATIONAL COUNCIL ON DISABILITY JOSHUA P. KATZ, OF VIRGINIA voke cloture on the motion to proceed FOR A TERM EXPIRING SEPTEMBER 17, 2013. (REAPPOINT- MATTHEW D. KAWECKI, OF MASSACHUSETTS to the small business jobs bill. MENT) DANIELLE F. KELLEHER, OF VIRGINIA MATTHEW A. KELLY, OF NEW YORK f FOREIGN SERVICE TERESA L. KENDRICK, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE CAROL S. KIM, OF VIRGINIA ADJOURNMENT UNTIL 10 A.M. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- ROBYN A. KIRKHAM, OF UTAH RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- JOHN C. KMETZ, OF OKLAHOMA TOMORROW JAMES R. KUYKENDALL, OF OKLAHOMA IOR FOREIGN SERVICE TO THE CLASSES INDICATED: MARK ROBERT LAINE, OF VIRGINIA Mr. BROWN of Ohio. If there is no CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, BENEY JUHYON LEE, OF VIRGINIA further business to come before the CLASS OF MINISTER-COUNSELOR: JOSEPH KUO LIN, OF NEW YORK KAREN S. SLITER, OF MICHIGAN JACQUELINE K. LOPOUR, OF VIRGINIA Senate, I ask unanimous consent that CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, NATHANAEL M. LYNN, OF THE DISTRICT OF COLUMBIA it adjourn under the provisions of S. CLASS OF COUNSELOR: DAVID R.P. MARTINEZ, OF NEW MEXICO Res. 572 as a further mark of respect to ELIA P. VANECHANOS, OF NEW HAMPSHIRE TODD E. MCCARRICK, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES JOHN ANDERSON MCCARY, OF MARYLAND the memory of Senator ROBERT C. INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- CHARLES ELLIOTT MCCLELLAN, OF NEVADA ELAINE RENEE MCGUINEY, OF THE DISTRICT OF COLUM- BYRD. FICERS OF THE CLASSES STATED. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF CLASS THREE, CONSULAR BIA There being no objection, the Senate, OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE JOSHUA D. MCKEEVER, OF VIRGINIA OF THE UNITED STATES OF AMERICA, JONATHAN KERNS MCKNIGHT, OF VIRGINIA at 7:13 p.m., adjourned until Tuesday, MOLLY S. MCMANUS, OF VIRGINIA June 29, 2010, at 10 a.m. DEPARTMENT OF COMMERCE THEODORE MEINHOVER, OF MINNESOTA CATHERINE T. MILLER-LITTLE, OF OHIO f JAMES K. CHAMBERS, OF OKLAHOMA JENNIFER P. MINOR, OF VIRGINIA ERIC G. CROWLEY, OF COLORADO MICHAEL WALTER MITCHELL, OF CALIFORNIA NOMINATIONS LAURA GIMENEZ, OF CALIFORNIA YOON SANG NAM, OF CALIFORNIA HANNAH KAMENETSKY, OF FLORIDA CHESTER I. NIELSEN IV, OF VIRGINIA Executive nominations received by YASUEY PAI, OF NEW YORK TANNER NIELSON, OF VIRGINIA FRANCIS M. PETERS, OF TEXAS JENNIFER K. NILSON, OF WISCONSIN the Senate: MARTIN N. OBERMUELLER, OF NEBRASKA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF RICHARD ANDREW O’NEAL, OF GEORGIA DEPARTMENT OF AGRICULTURE CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN MELISSA S. O’SHAUGHNESSY, OF PENNSYLVANIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF RAMONA EMILIA ROMERO, OF PENNSYLVANIA, TO BE MARCIA Y. OUTLAW, OF ARIZONA AMERICA, GENERAL COUNSEL OF THE DEPARTMENT OF AGRI- AARON THOMAS PAYNE, OF VIRGINIA CULTURE, VICE MARC L. KESSELMAN, RESIGNED. DEPARTMENT OF COMMERCE SCOTT R. PETERSON, OF VIRGINIA WESLEY A. PHILBECK, OF MARYLAND DEPARTMENT OF STATE HEATHER R. BYRNES, OF ALASKA KIRK S. PORTMANN, OF WASHINGTON KENNETH DUCKWORTH, OF MARYLAND JONATHAN POSNER, OF CALIFORNIA ROBERT PORTER JACKSON, OF VIRGINIA, A CAREER ALIZA L. TOTAYO, OF MARYLAND ADRIAN PRATT, OF FLORIDA MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF SARAH H. RATKOVICH, OF VIRGINIA MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN KATHERINE REEDY, OF NEW YORK DINARY AND PLENIPOTENTIARY OF THE UNITED STATES SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES RITA RICO, OF CALIFORNIA OF AMERICA TO THE REPUBLIC OF CAMEROON. IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SCOTT M. RIDER, OF MARYLAND JAMES FRANKLIN JEFFREY, OF VIRGINIA, A CAREER AMERICA: JASON CORCORAN ROBERTS, OF VIRGINIA MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF DEPARTMENT OF COMMERCE BENJAMIN O. ROGUS, OF CALIFORNIA CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- JESSICA ROHN, OF VIRGINIA DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NICOLE DESILVIS, OF PENNSYLVANIA CHRISTOPHER DENTON ROMANS, OF ILLINOIS OF AMERICA TO THE REPUBLIC OF IRAQ. JEFFREY W. HAMILTON, OF HAWAII BRIAN L. ROSEN, OF NEW JERSEY ALEJANDRO DANIEL WOLFF, OF CALIFORNIA, A CA- MICHAEL J. ROSENBERG, OF NEW JERSEY REER MEMBER OF THE SENIOR FOREIGN SERVICE, DEPARTMENT OF STATE MICHELE ROULBET, OF ILLINOIS CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR ALAN R. ROYSTON, OF FLORIDA EXTRAORDINARY AND PLENIPOTENTIARY OF THE MARTIN AGUILAR, OF VIRGINIA JOEL D. ALLEY, OF OREGON MICHAEL A. RUZINSKY, OF KENTUCKY UNITED STATES OF AMERICA TO THE REPUBLIC OF DAVID VINCENT SALVO, OF PENNSYLVANIA CHILE. MATTHEW R. ANDRIS, OF NEW HAMPSHIRE TODD ARMER, OF VIRGINIA TINA B. SANTOS, OF VIRGINIA CORPORATION FOR NATIONAL AND COMMUNITY JEFFREY MICHAEL AUSTIN, OF FLORIDA DEMARK F. SCHULZE, OF OHIO SCOTT T. BAERST, OF THE DISTRICT OF COLUMBIA SARAH M. SCOTT, OF VIRGINIA SERVICE NILESH KANTILAL SHAH, OF CALIFORNIA BRENDON BAIRD, OF VIRGINIA ALEXANDER DP SHARP, OF KANSAS RICHARD CHRISTMAN, OF KENTUCKY, TO BE A MEMBER JENNIFER ALAYNE BARR, OF FLORIDA JASON SHOW, OF TEXAS OF THE BOARD OF DIRECTORS OF THE CORPORATION TYLER ALLEN BEESLEY, OF VIRGINIA BRIAN M. SKLAR, OF MARYLAND FOR NATIONAL AND COMMUNITY SERVICE FOR THE RE- JAMES W. BENSON, OF THE DISTRICT OF COLUMBIA COOPER J. SMITH, OF VIRGINIA MAINDER OF THE TERM EXPIRING OCTOBER 6, 2012, VICE BENJIMAN BOHMAN, OF ALASKA HARRY CHARLES SMITH, OF THE DISTRICT OF COLUMBIA TOM OSBORNE, RESIGNED. CHRISTOPHER D. BOOTH, OF VIRGINIA SAUNDRA M. SNIDER-PUGH, OF VIRGINIA JANE D. HARTLEY, OF NEW YORK, TO BE A MEMBER OF JON BOWERMASTER, OF CALIFORNIA BRIAN T. SORENSON, OF VIRGINIA THE BOARD OF DIRECTORS OF THE CORPORATION FOR ZSOFIA BUDAI, OF MINNESOTA CESAR GUILLERMO SORIANO, OF VIRGINIA NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- MICHAEL CAVEY, OF WISCONSIN ERIN M. SOWDEN, OF NEW YORK PIRING OCTOBER 6, 2014, VICE DONNA N. WILLIAMS, RE- CHRISTOPHER MICHAEL CHAISSON, OF VIRGINIA EVAN ROBERT STANLEY, OF FLORIDA SIGNED. W. JOSEPH CHILDERS, OF OHIO KIM A. STEINPORT, OF VIRGINIA MARGUERITE W. KONDRACKE, OF TENNESSEE, TO BE A ACACIA ZORANA CLARK, OF CALIFORNIA ADAM B. STERN, OF VIRGINIA MEMBER OF THE BOARD OF DIRECTORS OF THE COR- BRIAN M. COMMAROTO-ROVERINI, OF NEW YORK DANIEL C. STREBE, OF TEXAS PORATION FOR NATIONAL AND COMMUNITY SERVICE TRODISS J. CORA, OF VIRGINIA EVERETT E. SUNDERLAND, OF VIRGINIA FOR A TERM EXPIRING JUNE 10, 2014, VICE RICHARD REID MILLER CREEDON, OF MICHIGAN PAUL SWIDER, OF FLORIDA ALLAN HILL, TERM EXPIRED. HEATHER L. DAIGLE, OF ILLINOIS RITA S. TAI, OF THE DISTRICT OF COLUMBIA MATTHEW FRANCIS MCCABE, OF PENNSYLVANIA, TO JACKSON C. DART, OF MICHIGAN NATHANIEL TEK, OF NEW JERSEY BE A MEMBER OF THE BOARD OF DIRECTORS OF THE LISA MARIE DEKEUKELAERE, OF THE DISTRICT OF CO- LAN J. TRUONG, OF THE DISTRICT OF COLUMBIA CORPORATION FOR NATIONAL AND COMMUNITY SERVICE LUMBIA KAITLIN E. TURCK, OF VIRGINIA FOR A TERM EXPIRING OCTOBER 6, 2013, VICE LEONA AARON DELONG, OF LOUISIANA KEVIN A. VAILLANCOURT, OF VIRGINIA WHITE HAT, TERM EXPIRED. PATRICIA M. DEPALMA, OF CONNECTICUT JUSTINE E. VEIT, OF MISSOURI JOHN D. PODESTA, OF THE DISTRICT OF COLUMBIA, TO BRANDON J. DOYLE, OF MICHIGAN ERIN MARIE WILLIAMS, OF THE DISTRICT OF COLUMBIA BE A MEMBER OF THE BOARD OF DIRECTORS OF THE KATHERINE F. DUDLEY, OF VIRGINIA KEVIN WILSON, OF GEORGIA CORPORATION FOR NATIONAL AND COMMUNITY SERVICE EMILY BOND DUNIVANT, OF TENNESSEE ALEXIS SATHRE WOLFF, OF NEW YORK FOR A TERM EXPIRING OCTOBER 6, 2014, VICE ALAN D. KARIN MARIE EHLERT, OF MINNESOTA ASHLEY WROTEN, OF VIRGINIA SOLOMONT, RESIGNED. LINDSAY MARIE EINSTEIN, OF THE DISTRICT OF COLUM- LISA M. QUIROZ, OF NEW YORK, TO BE A MEMBER OF BIA THE FOLLOWING-NAMED CAREER MEMBER OF THE THE BOARD OF DIRECTORS OF THE CORPORATION FOR JENNIFER SUZANNE EMPIE, OF MARYLAND SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF

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REMEMBERING DIANNE WALLER- ODE TOAFALLEN HERO HONORING THE CONTRIBUTIONS NYMAN (By Ting De Guevara) OF SANTO SCARPINITO AND LINDA SKIDMORE No one asked you to volunteer HON. DEBORAH L. HALVORSON You did it because you loved your country OF ILLINOIS More than pure piney woods, HON. STEVE ISRAEL IN THE HOUSE OF REPRESENTATIVES More than sparkling, high mountain lakes OF NEW YORK Monday, June 28, 2010 Or the sauntering, Sierra streams IN THE HOUSE OF REPRESENTATIVES The possibilities were endless Monday, June 28, 2010 Mrs. HALVORSON. Madam Speaker, today A police officer, a federal marshal, a wife and I rise to pay tribute to the life of Dianne family Mr. ISRAEL. Madam Speaker, I rise today Waller-Nyman. Dianne passed away on June Perhaps a fishing guide, for the flatlanders to acknowledge Santo Scarpinito and Linda 11th after a long bout with cancer. Dianne was Who only dreamed of finding rainbows in the Skidmore, who are retiring from the Northport- a dedicated public servant, a longtime political eddies East Northport School District this year. activist, and a dear friend whom we will miss Instead, you answered the call of duty Together, Santo and Linda have contributed dearly. Not for money, nor glory, nor fame more than 65 years of service to the school Dianne was a pioneer in many of her en- But because you wanted to make district and have educated thousands of deavors. She was the first woman to serve as A difference in the world teachers and students in civic responsibility. a regional manager with the Handy Andy You traded your Carhartts They are both founding members of Project For Army green, gilded buttons, chain of hardware stores. Dianne was also the PATCH, which is a nationally recognized law Spit and shine youngest person ever elected as a Trustee of Your boyish smile and civic education program. Santo and Linda Park Forest South, Illinois (later known as Uni- The twinkle in your eye have shown creativity and passion throughout versity Park). Betrayed who we really knew their years as teachers and are an integral For those of us who knew Dianne, one of Our jovial, jaunting, Joshy force in educating the public about issues in her most admirable traits was the passion with Your country called you constitutional law and professional develop- which she pursued causes she believed in. Like a far-away alarm, ment. For several decades, Dianne was active in In the foggy dream of yesterday As they leave behind their formal roles in local politics and government. She served sev- Fighting your way through Iraq the Northport-East Northport School District, eral terms on the Park Forest South/University Returning quieter, somber and more patient they will no doubt continue to educate those Park Board of Trustees and over the years Knowing those things that only soldiers within their communities on the values that are Dianne managed or volunteered for dozens of know, so important to Americans. campaigns at the federal, State, and local lev- The sounds and horrors of war I am proud to recognize Santo Scarpinito els. She was proud to be a very early sup- Still, your passion for fishing and golf and Linda Skidmore for their invaluable con- porter of now President Obama when he ran Was unquenchable, tribution to education. Displaying your catch and taunting: for the U.S. Senate in 2004. Even as Dianne ‘‘Where’s your Troutzilla?’’ f battled cancer towards the end of her life, she Oh you scoundrel! You rogue! RECOGNIZING LYNN AZZOPARDI continued to play a leadership role in local po- How we envied your hole–in–one luck, your litical organizations. trout madness I can also say that I would not be serving And your contagious laughter HON. JACKIE SPEIER as a Member of Congress today without Filled our hearts, refreshing OF CALIFORNIA Dianne’s tireless efforts on my behalf. We Like a cold bottle of beer IN THE HOUSE OF REPRESENTATIVES often referred to Dianne as the ‘‘Sergeant On a hot summer’s day Monday, June 28, 2010 Major’’ because we knew we could count on Then Uncle Sam pinned those stripes on her to get the job done. your sleeve Ms. SPEIER. Madam Speaker, I rise to Dianne is survived by her loving husband, Sending you to a strange and foreign land honor Lynn Azzopardi for her work with the Arnie, three children—Ron Waller, Edie Where women and children were forced Millbrae Lions Club. She has been such a tire- Fortner, and Diana Tomsic, and five grand- To surrender their last vestige of freedom less volunteer for the past seven and one-half children—Nick, Matt, Phillip, Richie, and Kal. There, in the frozen mountains years that some may find it hard to believe My thoughts and prayers are with them in this In those smoke filled hours that she also works full-time as the administra- The tracers flying, rockets exploding time of loss. We share their sorrow, but we tive assistant in the Kidney Transplant division Amid the trees like a firestorm at Stanford University Medical Clinic in addi- join them in honoring the remarkable life of You fought bravely Dianne Waller-Nyman. tion to being a busy mother and grandmother. My courageous son, For the past year Lynn has served as presi- f Even as the world collapsed around you dent of the Lions Club where she led the ac- You remained steadfast ODE TO A FALLEN HERO: To your men and your flag quisition of a vehicle outfitted to be a mobile SERGEANT JOSHUA HARDT You may stand down, Sergeant Hardt kitchen and later used as a ‘‘first response’’ Your tour is over, vehicle, not only for Millbrae, but for San HON. TOM McCLINTOCK Your mission completed, Mateo County. Most notably she is the first OF CALIFORNIA We love you woman to complete one year of service as IN THE HOUSE OF REPRESENTATIVES God bless you president of the Millbrae Lions Club. Farewell, our fallen hero. The list of projects that Lynn has been in- Monday, June 28, 2010 volved in is quite impressive. The Opportunity Mr. MCCLINTOCK. Madam Speaker, I rise Scholarship Program focuses on students who today to honor the memory of U.S. Army Ser- need an extra boost to meet training and edu- geant Joshua Hardt of Applegate, California. cational goals for future employment or study. Today, I read a poem, written in Sergeant The City of Hope Program funds cancer treat- Hardt’s memory, which serves as a testament ment and research. The Family Assistance to both his character and fidelity. Program helps families with a need for food,

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR10\E28JN0.000 E28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 8 11859 clothing and financial aid. She also chaired a Horne Applewhite, who were born in 1880 and HONORING THE LIFE OF WALTER pancake breakfast committee that raised 1884, respectively. They lived in the area of HESSLING money for schools and their students. Saratoga and Garner, North Carolina where Lynn epitomizes the motto of the Inter- they raised eight children—Walter, Lonnie, national Lions Club: We Serve! And therefore, Lossie, Minnie, Almeta, Sherman, Mattie and HON. STEVE ISRAEL Madam Speaker, I deem that is only fitting for Nettie. OF NEW YORK this house to extend its thanks to Lynn Azzopardi as she was honored in Millbrae on While past reunions have been held individ- IN THE HOUSE OF REPRESENTATIVES June 19, 2010 for completing her term as club ually by the Applewhite descendants, this will president. be the first reunion to include the entire family. Monday, June 28, 2010 More than 125 family members are expected f Mr. ISRAEL. Madam Speaker, I rise today to come together in Wilson, North Carolina to recognize Walter Hessling who passed CONGRATULATING CHARLES from as far away as Arizona, Utah, California, away on November 27, 2009. CALLEROS New York, New Jersey, Virginia, Georgia, and Washington, D.C. Walter was one of many courageous men who chose to serve his community as a fire- HON. HARRY E. MITCHELL America is truly a nation of families. We fighter. He was a Captain of the Dix Hills Vol- OF ARIZONA take pride in our families and we value family unteer Fire Department and served his com- IN THE HOUSE OF REPRESENTATIVES life. Our families teach us the values of loyalty, munity valiantly for 32 years. Monday, June 28, 2010 independence, responsibility and mutual love. To all of those who knew and loved him, his Mr. MITCHELL. Madam Speaker, I rise Strong, stable families are our nation’s untimely death will forever be a reminder of today to congratulate Charles Calleros on greatest asset. But to remain strong, families his selflessness. His last heroic moment in the being honored by the State Bar of Arizona for must nurture and reinforce their bonds. Family line of duty saved the lives of others who he his work in mentoring women and minorities. reunions provide a wonderful opportunity to never met. As time passes, the pain will fade, This award, the Committee on Minorities and strengthen and preserve those family ties. It is but the memory of Walter will always remain Women in the Law Award, commends Mr. a time to learn, laugh and renew the ties of af- a shining example of truth and goodness to all Calleros for his distinction and efforts on be- fection. of those whose lives he touched. half of minorities and women in the legal field. Madam Speaker, I ask that my colleagues Mr. Calleros, a professor at the Sandra Day It is at this time we remember Walter O’Connor College of Law located at Arizona join me in congratulating the Applewhite family Hessling for his bravery and kindness and for State University, is deeply committed to pro- as generations gather for this special occa- his dedication and service to the Dix Hills Fire moting diversity in the legal field, both nation- sion. Let their celebration remind us of our Department. ally and statewide. In 2005, he served as a own roots, and of the strength and importance member of the Minority Affairs Committee of of our own families. May their family reunion f the Law School Admissions Council, which be a successful event full of happy memories strives to achieve diversity in law school appli- they can pass along to future generations. RECOGNIZING THE HOA HAO BUD- cants. In 2007, in collaboration with the His- DHISM ASSOCIATION’S 71ST AN- panic National Bar Association, Mr. Calleros f NIVERSARY started a mentoring program with the goal of reaching out to students before they graduate HONORING MARSHA TYSON high school. HON. LORETTA SANCHEZ Calleros, who teaches Contracts, Inter- OF CALIFORNIA national Contracts, and Civil Rights Legisla- HON. BLAINE LUETKEMEYER IN THE HOUSE OF REPRESENTATIVES tion, has been at ASU since 1981. In addition OF MISSOURI to his dedication to ASU, Mr. Calleros has Monday, June 28, 2010 been a visiting professor at Stanford Law IN THE HOUSE OF REPRESENTATIVES School and at the University of Santa Clara. Monday, June 28, 2010 Ms. LORETTA SANCHEZ of California. Each year, he also teaches a weeklong Madam Speaker, I rise today, to recognize the course in American Contract Law and Inter- Mr. LUETKEMEYER. Madam Speaker, I ask Overseas Hoa Hao Buddhism Association’s national Law at the University of Paris. my colleagues to join me in congratulating 71st Anniversary of the Founding of Hoa Hao Through all of these efforts, he strives to be Marsha Tyson for receiving the Presidential Buddhism. Today, Hoa Hao Buddhism is one a positive role model for Valley youth and stu- Award for Excellence in Mathematics and of the six most important religions in Vietnam. dents, and works to help them reach their full Science Teaching (PAEMST) on June 7th. Through the hardships and trials of Com- educational and leadership potential. munist Vietnam, Hoa Hao Buddhism still exists Madam Speaker, please join me in recog- Ms. Tyson should be commended for her hard work and dedication to the students and with a mass of over four million followers nizing and congratulating Charles Calleros for closely united in their faith. In Orange County, his valuable contributions to the Phoenix area. community in her school district. The PAEMST is a prestigious award and we are proud that the Hoa Hao Buddhist Church is a Member of f she is representing our great state of Missouri the Vietnamese Interfaith Council, a body es- TRIBUTE TO THE APPLEWHITE and the 9th District. Advancement in the fields tablished in order to promote harmony be- FAMILY ON THE OCCASION OF of mathematics and science are integral to the tween major religions in Vietnam. THEIR FAMILY REUNION development and competitiveness of America The U.S. Department of State 2009 Inter- in the future. I am honored to congratulate Ms. national Religious Freedom Report indicates HON. G.K. BUTTERFIELD Tyson on her outstanding achievement. that the Vietnamese government continues to persecute and restrict organized activities of OF NORTH CAROLINA It is critical for the future of our country that religious organizations like Hoa Hao Bud- IN THE HOUSE OF REPRESENTATIVES students have access to a quality education. dhists. We are continuing to see more and Without excellent teachers, our schools fail our Monday, June 28, 2010 more activists being detained and imprisoned students and communities. Ms. Tyson exem- Mr. BUTTERFIELD. Madam Speaker, I rise for exercising their freedom of speech, religion plifies what it means to be an excellent teach- to recognize and honor the Applewhite family, and expression. I encourage my colleagues to er and her dedication to her students and which will soon be holding its reunion in my continue to urge the State Department to re- hometown of Wilson, North Carolina from July community is worthy of high praise. designate Vietnam as a Country of Particular 2nd through July 4th, 2010. I ask that you join me in recognizing Marsha Concern and fight for those in Vietnam who The family reunion includes the descend- Tyson for her excellence in the field of science are putting their lives in danger in the name of ants of Mr. and Mrs. Thomas and Dinah education. freedom.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR10\E28JN0.000 E28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11860 EXTENSIONS OF REMARKS, Vol. 156, Pt. 8 June 28, 2010 ON THE PASSING OF FORMER Leadership for Healthy Communities Award in OUR UNCONSCIONABLE NATIONAL GOVERNOR OF TEXAS DOLPH 2009. DEBT BRISCOE, JR. In addition, Mayor Hindman is a past recipi- ent of the Columbia Chamber of Commerce HON. MIKE COFFMAN HON. CIRO D. RODRIGUEZ Outstanding Citizen of the Year, University of OF COLORADO OF TEXAS Missouri Faculty Alumni, Chevron Times Mir- IN THE HOUSE OF REPRESENTATIVES ror Publications Citizen Conservation, Dr. Mar- IN THE HOUSE OF REPRESENTATIVES Monday, June 28, 2010 tin Luther King, Jr., Memorial Association, and Monday, June 28, 2010 Mr. RODRIGUEZ. Madam Speaker, Uvalde, MU College of Arts and Science Distinguished Mr. COFFMAN of Colorado. Madam Speak- TX is a small rural town in my district. Uvalde Alumnus awards. er, today our national debt is is known for its plentiful trees and clear Mayor Darwin Hindman is supported by his $13,038,305,786,811.25. springs, but it best known for its two most fa- wife, Axie, children Skip and Ellen, and four mous residents: John Nance Garner, also On January 6th, 2009, the start of the 111th grandchildren. Mayor Hindman served two Congress, the national debt was known as Cactus Jack who was Speaker of tours of active duty as a pilot in the U.S. Air the House from 1931–1933 and also served $10,638,425,746,293.80. Force. as Vice President to Franklin Roosevelt and This means the national debt has increased also Former Governor of Texas and Philan- In closing, Madam Speaker, I ask all my col- by $2,399,880,040,517.40 so far this Con- thropist Dolph Briscoe Jr. leagues to join me in congratulating former gress. Last night, at the age of 87, Governor Mayor Darwin Hindman for his service to the This debt and its interest payments we are Briscoe passed away. My thoughts and pray- city of Columbia. passing to our children and all future Ameri- ers are with his family and friends and with the cans. people of Uvalde who he loved. f I rise today to honor his legacy. With his f passing, Texas lost a legendary figure. He TRIBUTE TO CLIFFORD LEE was the first Texas governor from Southwest CHILDERS RECOGNIZING THOMAS W. LUDLOW Texas and one of the great philanthropists of ASHLEY our time. His generosity has preserved western art HON. HAROLD ROGERS and expanded our institutions of higher learn- HON. MICHAEL R. TURNER OF KENTUCKY ing. He served in the Texas Legislature from OF OHIO IN THE HOUSE OF REPRESENTATIVES 1949 to 1957 and then served as Governor IN THE HOUSE OF REPRESENTATIVES from 1973 to 1979. He was truly a champion of the public, signing into law the 1973 Texas Monday, June 28, 2010 Monday, June 28, 2010 Open Records Act guaranteeing the public’s Mr. ROGERS of Kentucky. Madam Speaker, Mr. TURNER. Madam Speaker, it is my right to information about state and local gov- I rise today to pay tribute to the late Clifford privilege to join my colleagues to honor the life ernment. He was also responsible for spon- Lee Childers, a family man who had a long and work of former Congressman Thomas W. soring legislation that gave Texas its statewide and distinguished career in Pulaski County Ludlow Ashley. farm-to-market road system. And his role as president of the Texas and Southwestern Cat- Kentucky Thomas W. Ludlow Ashley served the State tle Raisers Association in the 1960s improved In 1988, Mr. Childers operated the Som- of Ohio for 13 terms in the U.S. House of the agricultural industry immeasurably. erset Financial Center and while there ob- Representatives, from 1955 to 1981. Mr. Ash- ley served Ohio’s 9th District, which includes I was proud to name the Uvalde Post Office tained his real estate and insurance licenses. the city of Toledo and surrounding Lucas after Gov. Briscoe in 2007 for his distin- Soon after, Mr. Childers was able to fulfill his County. guished career in public service. And today, I lifetime dream of owning a small business He was a graduate of Yale University where honor the memory of Gov. Briscoe for his when he opened Childers Financial Services. one of his classmates was a future President, commitment to Texans and a life as a dedi- Performing residential and commercial ap- cated public servant. George H.W. Bush. Ashley graduated from the praisals in 14 counties he managed a very f Ohio State University Law School in Colum- successful company that serves the Lake bus, Ohio in 1951. RECOGNIZING DARWIN HINDMAN Cumberland area. Congressman Ashley was the great-grand- Mr. Childers was a man of faith and served son of former Congressman James Mitchell HON. BLAINE LUETKEMEYER as a deacon for the East Somerset Baptist Ashley, who also represented Ohio’s ninth OF MISSOURI Church. Always putting God first he strived to congressional district, from 1859 to 1869, and IN THE HOUSE OF REPRESENTATIVES be an example to those around him and co-authored the 13th Amendment that abol- Monday, June 28, 2010 spread God’s Word through his actions. Mr. ished slavery. Childers also proudly served his country. En- Mr. LUETKEMEYER. Madam Speaker, I Congressman Ashley’s work in Congress rise today to recognize Darwin Hindman, the listing in the Kentucky National Guard in 1970, has proven very important for American cities. former mayor of Columbia, Missouri, who re- he served until October 1996 and achieved He was chairman of a House subcommittee tired after 15 years of public service, thus be- the rank of Colonel. on housing and community development with- in the Banking Committee. coming the longest-serving mayor in the city’s Family was always Mr. Childers priority. He history. was married to Charlene Childers for 37 loving In this role, Ashley helped write and pass Over the course of his storied career, Mayor years and together they raised 3 children and the Housing and Community Development Hindman left a significant mark on Columbia’s were blessed with 5 grandchildren. Whether Acts of 1974 and 1977. These important bills paved the way for the Community Develop- park system by creating Stephens Lake, Flat he was with his family at home in Somerset, ment Block Grant program. In recognition of Branch, and the new South East Regional Kentucky, or at their ‘home away from home’ Park. During his tenure, Columbia grew to his role as an advocate for affordable housing, in Bluffton, South Carolina, Mr. Childers treas- Senator Edward Kennedy remarked: ‘‘Ameri- over 100,000 residents and saw its downtown ured every moment with his family. greatly improved. Also, as an avid bicyclist, cans sleep in better homes today because of Mayor Hindman transformed Columbia into a Madam Speaker, I ask my colleagues to join Lud Ashley.’’ more bike-friendly community. It should also me in memory of Mr. Clifford Lee Childers, a I join my colleagues in the Ohio delegation be noted that Mayor Hindman has been a man who tirelessly worked to make the world in honoring the life of Congressman Thomas great advocate for healthy living and has won a better place. His love for life will be truly be W. Ludlow Ashley, and his distinguished serv- numerous awards for his efforts, including the missed. ice to our State and our Nation.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR10\E28JN0.000 E28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 8 11861 ON THE OCCASION OF CELE- HOME ENERGY CONSERVATION and dredging needs but also for the costs of BRATING THE 100TH BIRTHDAY BONDS Environmental Impact Statements for naviga- OF MRS. GLADYS HASKINS tion projects. HON. JIM McDERMOTT Environmental Impact Statements art re- quired whenever the Corps of Engineers is in- HON. G.K. BUTTERFIELD OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES volved in harbor maintenance and develop- OF NORTH CAROLINA ment efforts. The Statements serve the federal Monday, June 28, 2010 IN THE HOUSE OF REPRESENTATIVES mission of taking environmental effects of a Mr. MCDERMOTT. Madam Speaker, the project into account. Use of Harbor Mainte- Monday, June 28, 2010 main obstacles facing homeowners who want nance Trust Fund resources for this purpose Mr. BUTTERFIELD. Madam Speaker, on to make their homes more energy efficient are is appropriate and long overdue. Harbors Saturday, July 17, 2010, friends and family will the initial costs and poor access to capital. would be relieved of these costs, while the gather to celebrate the 100th birthday of Mrs. The legislation I am introducing will give the federal mission of assessing the environ- Gladys Haskins in Wilson, North Carolina. authority to issues bonds to states and large mental impact of such projects is strength- Mrs. Haskins is a strong and caring woman localities allowing them to issue loans for resi- ened. who strives to treat everyone well and always dential energy efficiency improvements. This Please join me in helping our harbors with tries to do what is right. legislation will significantly help homeowners this sensitive relief. I urge my colleagues on who want to renovate their homes for in- both sides of the aisle to support this impor- The youngest of 12 siblings, Mrs. Haskins creased energy efficiency. Home Energy Con- tant bill. was born in Florence, South Carolina on July servation Bonds will help homeowners over- 3, 1910. Because her family worked as share- f come the upfront capital costs of energy effi- croppers, she had to leave school after the ciency retrofits, allowing homeowners to dras- GEOTHERMAL ENERGY third grade to work. Her family later moved to tically reduce their energy and water con- INVESTMENT ACT Wilson, North Carolina where she met and sumption and pay less each month for their married her husband, Nathan Haskins, Sr. utilities. Only through addressing efficiency HON. EARL BLUMENAUR After living in Washington, DC for a decade, and conservation in existing homes will we be OF OREGON Mrs. Haskins returned to Wilson, North Caro- able to fully address our nation’s addiction to IN THE HOUSE OF REPRESENTATIVES lina where she lives to this day. She maintains energy. Renovating homes for increased en- Monday, June 28, 2010 an interest in gardening, and has been a faith- ergy efficiency provides a critical economic in- ful member of Wilson Chapel Free Will Baptist fusion, helps create new jobs and stimulate Mr. BLUMENAUER. Madam Speaker, I rise Church for more than 50 years. And, as the local economies. I look forward to working with today in support of the Geothermal Energy In- Bible commands in Exodus 20:12, Mrs. my colleagues to realize that goal. vestment Act. This legislation will extend a 30 percent investment tax credit for geothermal Haskins has always sought to honor her father f and mother in order to live long in the land the energy through December 31, 2016, providing Lord has provided. HARBOR MAINTENANCE TRUST parity with the solar investment tax credit. This Madam Speaker, I ask that my colleagues FUND IMPROVEMENT ACT OF 2010 longer-term incentive will support substantial join me in recognizing Mrs. Gladys Haskins. growth in utility scale geothermal power, dis- She is a truly remarkable person deserving of HON. LINDA T. SA´ NCHEZ tributed on-site power generation, and heating our deepest good wishes as she and her OF CALIFORNIA for buildings and commercial processes, while loved ones celebrate her 100th birthday. IN THE HOUSE OF REPRESENTATIVES using clean and renewable American energy. Geothermal energy facilities supply environ- Monday, June 28, 2010 f mentally-friendly baseload power while pro- Ms. LINDA T. SA´ NCHEZ of California. ducing very low emissions. Once installed, HONORING THE LIFE OF FRANK Madam Speaker, I rise to introduce the Harbor geothermal power is incredibly reliable, with PELLEGRINI Maintenance Trust Fund Improvement Act of average availabilities of 90 percent or higher 2010. This bill would strengthen our national (compared to about 75 percent for coal economy and international competitiveness. plants). The United States has more geo- HON. STEVE ISRAEL Our harbors are economic engines for our thermal capacity than any other country. In OF NEW YORK nation. Because more than 95 percent of over- fact, if we could recover this entire resource IN THE HOUSE OF REPRESENTATIVES seas trade moves in and out of the United base, our domestic resources are equivalent States by ship, harbor infrastructure is vital to to a 30,000-year energy supply at our current Monday, June 28, 2010 the American economy. levels of consumption. Geothermal energy re- Mr. ISRAEL. Madam Speaker, I rise today Moreover, our harbors create a substantial sources are present in all 50 U.S. States to recognize Frank Pellegrini, who passed amount of revenue through the Harbor Mainte- today, and in California more than 40 geo- away on March 25, 2010. nance Tax. The tax is imposed on importers thermal plants provide nearly five percent of and domestic shippers based upon the value the State’s electricity. Frank touched the lives of people all over of their cargo and is deposited in the Harbor To access this capacity, however, devel- Long Island and he will be remembered as a Maintenance Trust Fund. opers of this power source need assistance man who showed grace and humility in all as- Fund money is designated for recovering ameliorating the risks associated with geo- pects of his life. For 40 years, he worked at operation and maintenance costs at US coast- thermal energy investment. While the costs for Farmingdale State College where he served al and Great Lakes Harbors, particularly for electricity from geothermal facilities are declin- thousands of students and teachers through dredging. Yet, our harbors only receive a frac- ing, these installations are complex, long-term his roles as an Organic Chemistry teacher and tion of the revenue they create. Revenue de- projects. There are significant costs involved then the Dean of the College of Arts and posited into the fund far exceeds transfers out with the exploration and development of these Sciences. of the fund. This lead to a balance of almost installations, and significant risks that the fore- Frank also served for 35 years as the Chief $5 billion at the end of fiscal year 2009. cast resources are unavailable. The short-term and Commissioner of the Dix Hills Fire Depart- At the same time, the global economic crisis incentives currently in the tax code limit long- ment where his heroic efforts touched the lives has hit our harbors and many are struggling to term efforts to develop these resources. of countless members of the community. make ends meet. It is only fair to give back to The legislation also seeks to encourage Frank possessed extreme bravery and a pas- our harbors in their times of need. That’s why growth of new geothermal technologies, in sion for helping others. the Harbor Maintenance Trust Fund Improve- particular small power production and direct Frank Pellegrini will be remembered by all ment Act would expand our harbors’ ability to heat uses. New technology allows geothermal who were fortunate enough to know him, and make use of Harbor Maintenance Trust Fund power to be generated and used on-site, such his memory will remain a fixture in both institu- money. The bill would allow them to use the as the new power generation equipment in- tions where he served for so long. revenue they create not only for maintenance stalled at Oregon Institute of Technology.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR10\E28JN0.000 E28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 11862 EXTENSIONS OF REMARKS, Vol. 156, Pt. 8 June 28, 2010 Small, distributed geothermal power genera- a peaceful, free and fair presidential election nological edge and reaffirms the Congress’s tion is being explored in many new areas, in November. commitment to more efficient and environ- from Oregon to Texas and North Dakota. This Honduras was able to accomplish great mentally conscious business practices. I rep- proposal will encourage the development of things for its democracy, all while dealing with resent the city of Seattle—one of the world’s those technologies by extending the 30 per- charges and visits from our own government, greatest technology hubs—where the Elec- cent credit to them as well. which was focused not on helping our friend tronic Signatures Act has greatly enhanced I look forward to working with my colleagues and ally, but shaming and threatening them the ability of companies to remain competitive to pass this important legislation. into rewriting history. and active with companies from around the f A year after standing up to a ruthless leader globe. who attempted to dismiss the country’s con- The first agreement signed with electronic ON THE BIRTH OF PATRICK AND stitution in an effort to maintain power, the signatures by sovereign nations happened in BRENDAN RILEY Honduran people have their sights set on their 1998 between the United States and Ireland. nation’s future. Since then, electronic signature technology HON. JOE WILSON President Lobo inherited a country that was has significantly strengthened global commu- OF SOUTH CAROLINA in the worst shape it had been in over the past nications. New strides are made every day in IN THE HOUSE OF REPRESENTATIVES 40 years: a dire economic situation, a growing this area. Just this past spring, the Federal number of attacks on journalists, and a sharp Housing Administration announced that it will Monday, June 28, 2010 increase in drug trafficking by illegal gangs. In now accept e-signed third party documents Mr. WILSON of South Carolina. Madam fact, according to a Reuters report, some which will help expedite real estate trans- Speaker, I am happy to congratulate Jeffery 1,600 people died in drug violence in Hon- actions. Less than two weeks ago, the Utah Charles Riley and his wife Scarlett Diann duras in 2009. Supreme Court ruled to allow electronic signa- Hutson Riley on the birth of their new baby Unfortunately, as a result of the shortsighted tures on petitions in the election process, be- twin boys. Patrick Sean Riley and Brenden interference by the United States, the Lobo coming the first state in the nation to do so. Oscar Riley were born on June 22, 2010 Administration has been forced to place its I would especially like to acknowledge Se- weighing 5 pounds, 13 oz. and 5 pounds, 3 first focus on rebuilding its diplomatic relations attle-based electronic signature management oz., respectively at Torrance Memorial Center with the international community, rather than platform provider DocuSign for being cham- of Torrance, California. Brendan is a little taller tackling the many problems within their nation. pions in the electronic signatures industry and at 19 inches than his brother at 17 3⁄4 inches. As we continue to work with Honduras to for spearheading the coalition to mark June 30 I am so excited for this new blessing to the overcome the challenges it faces in providing as National ESIGN Day. Riley family and wish them all the best as we freedom, security and prosperity to the Hon- Dozens of industries and associations have know they will certainly have their hands full! duran people, I call on the State Department offered their support for this resolution to cele- I want to congratulate Patrick and Brendan’s to provide one clear message: those who look brate the advancements that have been made grandparents Charles and Debby Riley of Tor- conformity directly in the face, and choose the in the past decade, and more importantly, to rance, California, and Marion and Margaret fight of freedom, are the heroes required to encourage even more rapid adoption of elec- Hutson of Cayce, South Carolina, on this won- build a free and fair society, and will always tronic signatures in the future. derful new extension of their family. have a place as a friend and ally of the United This resolution enjoys the support of several f States. companies and industry leaders, including I take this opportunity today, on the one- DocuSign, Inc., Electronic Signature and RECOGNIZING THE ONE-YEAR AN- year anniversary of the removal of former Records Association, Consumer Mortgage Co- NIVERSARY OF FORMER HON- President Manuel Zelaya, to encourage the alition, National Association of REALTORS, In- DURAN PRESIDENT MANUEL Honduran people to continue their fight for sured Retirement Institute, CML America, ZELAYA’S REMOVAL FROM freedom, security and prosperity, and I pledge USAA, Adobe Systems, Sallie Mae, Fidelity POWER my continued support for them in this noble National Financial, Fiserv, eOriginal, Silanis goal. Technology, AlphaTrust Corporation, HON. CONNIE MACK f AssureSign, LLC, Amica Mutual Insurance OF FLORIDA Company, First Marblehead, Flagstar Bank, RECOGNIZING NATIONAL ESIGN IN THE HOUSE OF REPRESENTATIVES Quicken Loans, IMM, Stewart Lender Serv- DAY Monday, June 28, 2010 ices, Ellie Mae, MERS, MISMO, EverBank, SigniaDocs, Inc., Encomia, Direct Mortgage Mr. MACK. Madam Speaker, one year ago HON. JIM McDERMOTT Corp., Digital Docs, Inc., Relevant Tech- today, on June 28, 2009, the Honduran people OF WASHINGTON nologies, Magnolia Technologies, Simplifile, chose to uphold their Constitution and the rule IN THE HOUSE OF REPRESENTATIVES eSignSystems (a division of Wave Systems of law by removing former President Manuel Corp.), Realtime Solutions Group, LLC, Lend- Monday, June 28, 2010 Zelaya from power, a close ally of Venezuelan ing Tree, and the Pennsylvania Association of strongman Hugo Chavez who was taking the Mr. MCDERMOTT. Madam Speaker, I rise Notaries. Honduran people down the path of less free- to support the designation of June 30 as Na- This resolution honors the forethought and dom. tional ESIGN Day. National ESIGN Day will vision of those who worked to pass the land- But even though the Honduran people were commemorate the 10th anniversary of the mark Electronic Signatures in Global and Na- following the rule of law, the international com- signing of the Electronic Signatures in Global tional Commerce Act ten years ago. The pas- munity punished them for instituting what they and National Commerce Act (ESIGN), which sage of that bill paved the way for American believed to be a ‘‘military coup.’’ Honduras has transformed how interstate commerce and companies to operate globally, and it is truly a was suspended from the Organization of business is conducted. victory for every businesses and governmental American States, OAS, and had their vital The advent of e-signatures has brought im- agency looking to increase productivity and ef- U.S. assistance temporarily frozen, causing measurable benefit to consumers and the ficiency. Let us recognize June 30 as national them to permanently lose part of their Millen- business community, providing for increased ESIGN Day. nium Challenge Corporation project. consumer convenience, and reduced costs. E- f Even in the face of adversity (as well as a signatures have significantly increased trans- devastating tropical storm and the worst action speed and closure rates, saving time SENATE COMMITTEE MEETINGS draught in 25 years), Honduras continued its and money for businesses, and provide se- Title IV of Senate Resolution 4, fight for democracy and the rule of law. They cure and predictable outcomes with fewer er- agreed to by the Senate on February 4, withdrew from ALBA, an organization of leftist rors. 1977, calls for establishment of a sys- states in Latin America; they created a new Recognizing June 30 as National ESIGN tem for a computerized schedule of all human rights officer to respond to increasing Day acknowledges the previous contribution meetings and hearings of Senate com- attacks on journalists in their country; and their made by the Congress to adopt modern solu- mittees, subcommittees, joint commit- interim president, Roberto Micheletti, oversaw tions that keep our nation on the leading tech- tees, and committees of conference.

VerDate Mar 15 2010 11:20 Jul 11, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR10\E28JN0.000 E28JN0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD June 28, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 8 11863 This title requires all such committees lution relating to the General Services 9:30 a.m. to notify the Office of the Senate Daily Administration. Energy and Natural Resources Digest—designated by the Rules Com- SD–406 To hold hearings to examine S. 3452, to mittee—of the time, place, and purpose 9:30 a.m. designate the Valles Caldera National of the meetings, when scheduled, and Agriculture, Nutrition, and Forestry Preserve as a unit of the National Park To hold hearings to examine farm bill re- System. any cancellations or changes in the authorization, focusing on maintaining meetings as they occur. SD–366 our domestic food supply through a Veterans’ Affairs strong United States farm policy. As an additional procedure along To hold hearings to examine veterans’ SR–328A with the computerization of this infor- claims processing, focusing on if cur- Energy and Natural Resources mation, the Office of the Senate Daily rent efforts are working. Business meeting to consider S. 3516, to Digest will prepare this information for SR–418 printing in the Extensions of Remarks amend the Outer Continental Shelf Lands Act to reform the management 10 a.m. section of the CONGRESSIONAL RECORD of energy and mineral resources on the Commerce, Science, and Transportation on Monday and Wednesday of each Outer Continental Shelf. Consumer Protection, Product Safety, and week. SD–366 Insurance Subcommittee Meetings scheduled for Tuesday, Indian Affairs To hold hearings to examine protecting June 29, 2010 may be found in the Daily Business meeting to consider pending youths in an online world. Digest of today’s RECORD. calendar business; to be immediately SR–253 followed by an oversight hearing to ex- Health, Education, Labor, and Pensions amine diabetes in Indian country and Employment and Workplace Safety Sub- MEETINGS SCHEDULED beyond. committee JUNE 30 SD–628 To hold hearings to examine workplace Time to be announced 10 a.m. safety and worker protections at BP. Commerce, Science, and Transportation Judiciary SD–430 To continue hearings to examine the To hold hearings to examine the Deep- water Horizon tragedy, focusing on Foreign Relations nomination of Elena Kagan, of Massa- To hold hearings to examine navigating chusetts, to be an Associate Justice of holding industry accountable. SR–253 the global economy, focusing on impli- the Supreme Court of the United cations for the United States. States. Homeland Security and Governmental Af- SH–216 fairs SD–419 9 a.m. To hold hearings to examine nuclear ter- 2:30 p.m. Environment and Public Works rorism, focusing on strengthening our Homeland Security and Governmental Af- Business meeting to consider S. 3305, to domestic defenses, part 1. fairs amend the Oil Pollution Act of 1990 to SD–342 Federal Financial Management, Govern- require oil polluters to pay the full Banking, Housing, and Urban Affairs ment Information, Federal Services, cost of oil spills, S. 3515, to authorize Housing, Transportation and Community and International Security Sub- and enhance the programs of the De- Development Subcommittee committee partment of the Interior relating to the To hold hearings to examine green hous- To hold hearings to examine preventing detection of, response to, and mitiga- ing for the 21st century, focusing on and recovering government payment tion and cleanup of oil spills on Federal retrofitting the past and building an errors. land managed by the Department, S. energy-efficient future. SD–342 1311, to amend the Federal Water Pol- SD–562 Energy and Natural Resources lution Control Act to expand and 2 p.m. Water and Power Subcommittee strengthen cooperative efforts to mon- Aging To hold an oversight hearing to examine itor, restore, and protect the resource To hold hearings to examine drug waste the Federal response to the discovery productivity, water quality, and ma- and disposal, focusing on when pre- of the aquatic invasive species Asian rine ecosystems of the Gulf of Mexico, scriptions become poison. an original bill entitled, ‘‘Columbia SD–106 carp in Lake Calumet, Illinois. River Basin Restoration Act of 2010’’, 2:30 p.m. SD–366 S. 3073, to amend the Federal Water Homeland Security and Governmental Af- Intelligence Pollution Control Act to protect and fairs To hold closed hearings to consider cer- restore the Great Lakes, S. 3539, to Contracting Oversight Subcommittee tain intelligence matters. amend the Federal Water Pollution To hold hearings to examine interagency SH–219 Control Act to establish a grant pro- contracts (part II). gram to assist in the restoration of San SD–342 JULY 2 Francisco Bay, H.R. 4715, to amend the 9:30 a.m. Federal Water Pollution Control Act to JULY 1 reauthorize the National Estuary Pro- Joint Economic Committee gram, S. 1816, to amend the Federal Time to be announced To hold hearings to examine the employ- Water Pollution Control Act to im- Judiciary ment situation for June 2010. prove and reauthorize the Chesapeake To continue hearings to examine the SD–106 Bay Program, S. 2739, to amend the nomination of Elena Kagan, of Massa- Federal Water Pollution Control Act to chusetts, to be an Associate Justice of JULY 21 provide for the establishment of the the Supreme Court of the United 9:30 a.m. Puget Sound Program Office, S. 3119, to States. Veterans’ Affairs amend and reauthorize certain provi- SH–216 To hold hearings to examine improve- sions relating to Long Island Sound 9 a.m. restoration and stewardship, S. 3481, to Judiciary ments to the post-9/11 Government amend the Federal Water Pollution Business meeting to consider H.R. 1933, Issue (GI) Bill. Control Act to clarify Federal responsi- to direct the Attorney General to make SR–418 bility for stormwater pollution, S. 3354, an annual grant to the A Child Is Miss- to redesignate the North Mississippi ing Alert and Recovery Center to assist AUGUST 5 National Wildlife Refuges Complex as law enforcement agencies in the rapid 9:30 a.m. the Sam D. Hamilton North Mississippi recovery of missing children, and H.R. Veterans’ Affairs National Wildlife Refuges Complex, 2765, to amend title 28, United States Business meeting to consider pending and H.R. 3562, to designate the feder- Code, to prohibit recognition and en- calendar business. ally occupied building located at 1220 forcement of foreign defamation judg- SR–418 Echelon Parkway in Jackson, Mis- ments and certain foreign judgments sissippi, as the ‘‘James Chaney, An- against the providers of interactive drew Goodman, and Michael Schwerner computer services. Federal Building’’, and a proposed reso- SD–226

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